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2026 DAILYLAW 14031 (MAD)

Santharaj v. State Rep. by The Inspector of Police

CRL OP/7930/2026 · 2026-03-30

C Kumarappan

Transfer Petitionbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Crl.O.P.No.7930 of 2026 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 30.03.2026 CORAM THE HON'BLE DR. JUSTICE C.KUMARAPPAN Crl.O.P.No.7930 of 2026 Santharaj ... Petitioner Vs. The State Rep. by The Inspector of Police, PEW Police Station, Harur, Dharmapuri District. Crime No.65 of 2025 ... Respondent PRAYER: Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioner on anticipatory bail in the event of his arrest pending investigation in Crime No.65 of 2025 on the file of the respondent police. For Petitioner : Mr.V.R.Annagandhi For Respondent : Mr.P.Dhileepan, Government Advocate (Crl.Side) O R D E R The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Section 4(1)(B) of TNP Act, in 1/4 https://www.mhc.tn.gov.in/judis Crl.O.P.No.7930 of 2026 Crime No.65 of 2025, on the file of the respondent Police, seeks anticipatory bail. 2. The case of the prosecution is that on 08.02.2025 at about 13.00 hours, the respondent police conducted a watch and raid at the chicken shop of the accused at Mugalaipattu Village. It is alleged that the accused had allowed the public to consume alcohol in his chicken shop, and during the raid, five opened liquor bottles and four tumblers were found in the shop. Hence, the case. 3. The learned counsel appearing for the petitioner submitted that the petitioner is innocent and has been falsely implicated in this case. He further submitted that the petitioner is ready to abide by any conditions that may be imposed by this Court and sought anticipatory bail. 4. The learned Government Advocate (Crl. Side) appearing for the respondent police submitted that the allegation against the petitioner is that he has permitted customers to consume liquor in his chilly chicken shop. Considering the nature of the allegation and the fact that the petitioner is running only a chilly chicken shop, and upon considering the totality of the 2/4 https://www.mhc.tn.gov.in/judis Crl.O.P.No.7930 of 2026 circumstances, this Court is inclined to enlarge the petitioner on anticipatory bail, as no custodial interrogation appears to be required, subject to certain conditions. 5. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, within a period of fifteen (15) days from the date on which the order copy is made ready, before the learned Judicial Magistrate, Karimangalam, on condition that the petitioner shall execute a bond for a sum of Rs.20,000/- (Rupees Twenty Thousand only), with two sureties each, for a like sum to the satisfaction of the learned Magistrate concerned, and on further conditions: (a) If the petitioner fails to surrender before the concerned learned Magistrate within a period of fifteen (15) days from the date of receipt of a copy of this order, this order shall stand automatically cancelled; (b) The sureties shall affix their photographs and left thumb impression in the application for surety ship (Judicial Form No.46 annexed to 'The Criminal Rules of Practice, 2019]'. The learned Magistrate shall obtain a copy of any one of identify proofs to ensure their identity; (c) The petitioner shall report before the respondent police daily at 10.30 a.m., for a period of 30 days, and thereafter, as and when required for interrogation; 3/4 https://www.mhc.tn.gov.in/judis Crl.O.P.No.7930 of 2026 C.KUMARAPPAN, J. (d) On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate actions against the petitioner in accordance with law as if the conditions have been imposed and the petitioner released on anticipatory bail by the learned Magistrate/Trial Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji v. State of Kerala [(2005) AIR SCW 5560]; (e) If the petitioner thereafter absconds, a fresh FIR can be registered under Section 269 of BNS Act. 30.03.2026 cda To 1.The Judicial Magistrate, Karimangalam. 2.The Inspector of Police, PEW Police Station, Harur, Dharmapuri District. 3.The Public Prosecutor, High Court of Madras. Crl.O.P.No.7930 of 2026 4/4 https://www.mhc.tn.gov.in/judis