Amirtharaj v. State of Tamilnadu Rep by Inspector of Police, Pudur

ORDER The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 4(1)(A), 41)(C) of the Tamil Nadu Prohibition (Amendment) Act, 2024, in Crime No.100 of 2026 on the file of the respondent police, seeks anticipatory bail.

2.According to the prosecution, on 10.05.2026, while the defacto complainant and other Police Officers were on patrol duty, the petitioner, who was present at the scene of occurrence in a motor vehicle carrying a white bag, attempted to escape on seeing the Police. Upon checking the white bag, the Police found 25 bottles of 180 ml Diamond Brandy liquor. Thereby, the respondent police registered a case for the aforesaid offences.

3.The learned counsel for the petitioner submitted that the petitioner is an innocent person and he has not committed any offences as alleged by the prosecution. Hence, he seeks anticipatory bail to the petitioners.

4.The learned Government Advocate (Crl.Side) appearing for the respondent Police strongly opposed for grant of anticipatory bail to the petitioner on the ground that the petitioner is having one previous case, which is similar in nature.

5.This Court considered the rival submissions and perused the materials available on record.

6.Considering the facts and circumstances of the case, this Court is inclined to grant anticipatory bail to the petitioner, subject to certain conditions.

7.Accordingly, this Criminal Original Petition is allowed on condition that the petitioner shall deposit a sum of Rs.5,000/- (Rupees Five Thousand only) as non refundable deposit to the credit of Thiruchuli Bar Association [A/c.No.247601000024274 & IFSC Code: IOBA0002476].

8.On such deposit being made, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, on condition that the petitioner shall 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 Judicial Magistrate Court, Vilathikulam, Thoothukudi District within a period of fifteen days from the date on which the order copy is made ready and on further conditions that: [a]the petitioner and the sureties shall affix their photographs and left thumb impression in the surety bond and the Magistrate may obtain a copy of their Aadhaar card or bank pass book to ensure their identity; [b] the petitioner shall report before the respondent police daily at

10.30 a.m., until further orders; [c]the petitioner shall not tamper with the evidence or witness either during investigation or trial; [d]the petitioner shall not abscond either during investigation or trial;

[e]On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court shall be entitled to take appropriate action against the petitioner in accordance with law, as if the conditions had been imposed by the learned Magistrate/Trial Court itself at the time of releasing the petitioner on bail as laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005)AIR SCW 5560]; [f]If

the

accused

thereafter absconds, a fresh FIR can be registered under Section 269 of BNS.

13.05.2026 gns TO

1.The Judicial Magistrate Court, Vilathikulam, Thoothukudi District.

2.The Inspector of Police, Pudur Police Station, Thoothukudi District.

3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

4.The President, Thiruchuli Bar Association, Virudhunagar District. K.K.RAMAKRISHNAN,J gns

13.05.2026

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 13.05.2026 CORAM THE HONOURABLE MR. JUSTICE K.K. RAMAKRISHNAN Amirtharaj ... Petitioner Vs The State of Tamil Nadu Rep.by The Inspector of Police, Pudur Police Station, Thoothukudi District. (Cr.No.100 of 2026) ... Respondent PRAYER :- For Anticipatory Bail in Crime No.100 of 2026 on the file of the respondent police. For Petitioner : Mr.D.Rajaboopathy For Respondent : Mr.M.Sakthi Kumar, Government Advocate (Crl.Side)