Research › Search › Judgment

Madras High Court · body

2026 DAILYLAW 10548 (MAD)

NAGESH v. The State Rep. by The inspector of Police

CRL OP/4587/2026 · 2026-03-04

C Kumarappan

Transfer Petitionbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Crl.O.P.No.4587 of 2026 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 04-03-2026 CORAM THE HONOURABLE MR JUSTICE C. KUMARAPPAN CRL OP NO.4587 of 2026 Nagesh ... Petitioner/ Accused Vs The State rep. by, The Inspector of Police, PEW Vaniyambadi Police Station, Tirupathur District. (Crime No.13 of 2026) ... Respondent PRAYER : Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, to grant bail to the petitioner/accused in Crime No.13 of 2026 on the file of the respondent. For Petitioner(s) : Mr. S. Siddharth For Respondent(s) : Mr. S. Vinoth Kumar Government Advocate (Crl. Side) ******* ORDER 1/4 https://www.mhc.tn.gov.in/judis Crl.O.P.No.4587 of 2026 The petitioner, who was arrested and remanded to judicial custody on 09.02.2026 for the alleged offence under Sections 4(1)(C) and 4(1-A)(ii) of the Tamil Nadu Prohibition (Amendment) Act, 2024 in Crime No.13 of 2026 on the file of the respondent police, seeks bail. 2. The case of the prosecution is that on 09.02.2026, while the respondent police were conducting inspection near Mathakadapa Mountain range Village, they intercepted the petitioner herein and seized four plastic barrels each containing 150 liters of illicit arrack wash, totaling 600 liters from his possession. Hence, this case. 3. The learned counsel appearing for the petitioner submitted that the petitioner has been falsely implicated in the present case and that he has not committed any offence as alleged by the prosecution. He would further submit that the petitioner is in judicial custody since 09.02.2026 and the petitioner is ready to abide by any stringent conditions that may be imposed by this Court. Hence, he prays for grant of bail to the petitioner. 4. The learned Government Advocate (Criminal Side) appearing for the Respondent Police while opposing the bail to the petitioner, reiterated 2/4 https://www.mhc.tn.gov.in/judis Crl.O.P.No.4587 of 2026 the prosecution case and submitted that the petitioner has five previous cases of similar nature and if the petitioner is enlarged on bail, he would indulge in similar offence. 5. I have given my anxious consideration to either side submissions and perused the materials available on record. 6. From the submissions made by the learned counsels on either side, it is seen that 600 liters of illicit arrack, which was identified and destroyed from the possession of the petitioner herein. Considering the fact that the petitioner has five previous cases of similar nature and if he is granted bail, there is every possibility that he would misuse the liberty granted by this Court, and also considering the gravity of the offence, this Court is not inclined to grant bail to the petitioner. 7. Accordingly, this criminal original petition stands dismissed. 04.03.2026 stn C. KUMARAPPAN , J. 3/4 https://www.mhc.tn.gov.in/judis Crl.O.P.No.4587 of 2026 stn To 1. The Inspector of Police, PEW Vaniyambadi Police Station, Tirupathur District. (Crime No.13 of 2026) 2. The Public Prosecutor, High Court of Madras. Crl.O.P. No.4587 of 2026 04.03.2026 4/4 https://www.mhc.tn.gov.in/judis