Jorthan v. The State of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 30.04.2026 PRESENT THE HONOURABLE MR. JUSTICE P. DHANABAL Jorthan ...Petitioner/Accused

Vs State of Tamil Nadu rep. by The Inspector of Police, Puthukadai Police Station Kanyakumari (Crime No. 140 of 2026 )

...Respondent

For Petitioner : Mr.Sivakumar

Advocate.

For Respondent : Mr.M.Karunanithi Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :-For Anticipatory Bail in Cr.No. 140 of 2026 on the file of the respondent police. ORDER : The Court made the following order :-

The petitioner, who apprehends arrest at the hands of the respondent for the offences punishable under Sections 173, 223(a) of BNS, 2023 and 4(1)(b) of TNP Act in Crime No. 140 of 2026 on the file of the respondent police, seeks anticipatory bail.

¶2The case of the prosecution is that on 22.04.2026, when the defacto complainant was conducting a search, they found that the petitioner was in illegal possession of 503 bottles of liquor (Each 180 ml) in order to supply to the voter. Hence, the case.

¶3The learned counsel for the petitioner would submit that the petitioner is innocent and he was falsely implicated in this case and he is no way connected in the above said incident. He has not committed any offence as alleged by the prosecution. Hence, he prayed to grant Anticipatory Bail to the petitioner.

¶4The learned Government Advocate (Crl. Side) would submit that based on the complaint given by the defacto complainant, a case has been registered for the offences punishable under Sections 173, 223(a) of BNS, 2023 and 4(1)(b) of TNP Act in Crime No. 140 of 2026. He would further submit that there is a dispute between the parties regarding distribution of liquor during election and the petitioner has no previous case. He would further submit that the investigation is pending and the offences are grave in nature and hence, he opposed to grant anticipatory bail to the petitioner.

¶5Heard both sides and perused the materials available on record.

¶6Considering the rival submissions made on either side and the nature of offences charged against the petitioner, and considering the quantity of liquor involved in this case and also considering the facts that the petitioner has no previous case, I am inclined to grant anticipatory bail to the petitioner, subject to the following conditions: [a] Accordingly, the petitioner is ordered to be released on anticipatory bail on condition to execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties each for a like sum to the satisfaction of the learned Judicial Magistrate-II, Kuzhithurai, and on further conditions that: [b] the petitioner shall report before the respondent police, on every Saturday at 10.30 a.m. for a period of four weeks, and thereafter as and when required for the interrogation. [c] the petitioner shall not commit any offences of similar nature. [d] the petitioner shall not abscond either during investigation or trial. [e] the petitioner shall not tamper with evidence or witness either during investigation or trial. [f] On breach of any of the aforesaid conditions, the learned Judicial Magistrate/Trial Court is entitled to take appropriate action against the petitioner in accordance with law as if the conditions have been imposed and the petitioner released on bail by the learned Magistrate/Trial Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005)AIR SCW 5560]. [g] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 B.N.S.

(P D B J)

30.04.2026 apd

To

1.The Judicial Magistrate-II, Kuzhithurai.

2.The Inspector of Police, Puthukadai Police Station Kanyakumari.

3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. CRLeOP(MD).eNo.e8727eofe2026 oooooP.oDHANABAL,oJ oooooooooooooooooooooooooooooooooooooooooooooapd oooooooooooooooooooooooooooooooooooORDER oooooooooooooooooooooooooooooooooooooIN oooooooooooooooooooooooooCRLoOP(MD)oNo.o8727oofo2026 ooooooooooooooooooooooooooooooDateoo:o30.04.2026