Research › Search › Judgment

Madras High Court · body

2026 DAILYLAW 32297 (MAD)

E Siva v. The State Rep By, The Sub-Inspector Of Police

CRL OP/14444/2026 · 2026-06-09

C Kumarappan

Transfer Petitionbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

CRL OP No. 14444 of 2026 __________ Page1 of 5 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 09-06-2026 CORAM THE HON'BLE MR.JUSTICE C.KUMARAPPAN CRL OP No. 14444 of 2026 E Siva ..Petitioner Vs State rep by The Sub-Inspector of Police, Savvapet Police Station. (Crime No.162/2026) ..Respondent PRAYER : Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, praying to enlarge the petitioner on Anticipatory bail in the event of his arrest pertaining to Crime No.162 of 2026, pending on the file of Savvapet Police Station, Thiruvallur District. For Petitioner: Mr.R.Karunakaran For Respondent: Ms.R.S.Indira Government Advocate (Criminal Side) ORDER The petitioner apprehends arrest for the alleged offence under Section 4(1) (A) of The Tamil Nadu Prohibition (Amendment) Act 2024, in Crime No.162 of 2026 on the file of the respondent police seeks anticipatory bail. https://www.mhc.tn.gov.in/judis CRL OP No. 14444 of 2026 __________ Page2 of 5 2. The case of the prosecution is that the petitioner was found in illegal possession of 30 bottles of ‘Black Pearl Brandy’ each containing 180 ml. Hence, the case. 3. The learned counsel for the petitioner submitted that the petitioner is innocent and has been falsely implicated in this case. He further submitted that the petitioner is a differently abled person with 60% of the physical disability. Hence, he prays to grant anticipatory bail to the petitioner. 4. The learned Government Advocate (Crl.Side) appearing for the respondent police, reiterated the prosecution case and submitted that there are no adverse antecedents against the petitioner. However, she opposed to grant anticipatory bail to the petitioner. 5. I have given my anxious consideration to the submissions made by the learned counsel on either side and perused the materials available on record. 6. Considering the submissions of the learned Government Advocate (Crl. Side) that there are no adverse antecedents against the petitioner and taking note of the fact that the petitioner being differently abled person, this Court is inclined to enlarge the petitioner on anticipatory bail, subject to certain conditions. https://www.mhc.tn.gov.in/judis CRL OP No. 14444 of 2026 __________ Page3 of 5 7. 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 – II Court, Thiruvallur 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. until further orders; (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 https://www.mhc.tn.gov.in/judis CRL OP No. 14444 of 2026 __________ Page4 of 5 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. 09-06-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No VEDA To 1.Judicial Magistrate -II, Thiruvallur. 2.The Sub-Inspector of Police, Savvapet Police Station. 3.The Public Prosecutor, Madras High Court. https://www.mhc.tn.gov.in/judis CRL OP No. 14444 of 2026 __________ Page5 of 5 C.KUMARAPPAN, J. VEDA CRL OP No. 14444 of 2026 09-06-2026 https://www.mhc.tn.gov.in/judis