CRL OP No. 16643 of 2026 __________ Page1 of 6 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 01-07-2026 CORAM THE HON'BLE MR.JUSTICE C.KUMARAPPAN CRL OP No. 16643 of 2026 Shanmabebi @ Chitra W/o.Settu, No.4/12, Kamarajar street, Viruthampet, Vellore district. ..Petitioner/Accused Vs The state rep.by Inspector of Police, Viruthampet police station, Vellore district. Cr.No.83/2025. ..Respondent/ Complainant PRAYER : Criminal Original Petition filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, Act, 2023, to order enlarge the petitioner on bail on the event of arrest in Cr.No.83 of 2025 on the file of the respondent police. For Petitioner(s): Mr.Hasnah P For Respondent(s): Ms.R.S.Indira, Govt.Advocate (crl.Side) ORDER The petitioner apprehends arrest for the alleged offences under Sections 4(1)(A) and 4(1)(C) of the Tamil Nadu Prohibition (Amendment) Act, 2024 in Crime No.83 of 2026, on the file of the respondent police seeks anticipatory https://www.mhc.tn.gov.in/judis CRL OP No. 16643 of 2026 __________ Page2 of 6 bail. 2. The case of the prosecution is that the petitioner was found in illegal possession of 180ml Old Chief Rum bottles – 5 Nos and Top Star Brandy -1 No and 650 ml of Kind Fisher Beer Bottles. Hence, the case. 3. The learned counsel for the petitioner would submit that the petitioner is an innocent person, he is no way connected to this case and he has been falsely implicated in this case. He would further submit that the actual recovery from the petitioner comprises six bottles of 180 ml each and one bottle of 650 ml, aggregating only 1.73 litres, though the FIR mentions a different quantity. It was further submitted that under G.O.Ms.No.75, dated 16.04.1996, namely the Tamil Nadu Liquor (Possession for Personal Consumption) Rules, 1996, an individual is permitted to possess up to 4.5 litres of Indian Made Foreign Spirit for personal consumption. Since the quantity allegedly recovered is well within the permissible limit, the custodial interrogation of the petitioner is not necessary. He would further submit that the petitioner is ready to abide by any stringent conditions that may be imposed by this Court and they are willing to cooperate with the investigation. Hence, he prays for grant of anticipatory bail. 4. The learned Government Advocate (Crl. Side) appearing for the respondent police reiterated the case of the prosecution and vehemently opposed https://www.mhc.tn.gov.in/judis CRL OP No. 16643 of 2026 __________ Page3 of 6 the grant of anticipatory bail to the petitioner and submits that the petitioner is a habitual offender and is involved in eight previous cases of a similar nature. 5.This Court has considered the submissions made by either side learned Counsel and perused the materials placed before this Court. 6.From the submissions made by the learned counsel appearing on either side, it is seen that though the petitioner is involved in eight previous cases of a similar nature, the quantity allegedly recovered in the present case is only 1.73 litres, which is within the permissible limit prescribed under the aforesaid Rules. In the facts and circumstances of the case, this Court is of the considered view that the petitioner's custodial interrogation is not required. Hence, this Court is inclined to grant anticipatory bail to the petitioner, subject to certain following conditions. 6. 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 -III, Vellore on condition that the petitioners 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: https://www.mhc.tn.gov.in/judis CRL OP No. 16643 of 2026 __________ Page4 of 6 (a) If the petitioner fail 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 two weeks and thereafter as and when required for interrogation; (d) On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate actions against the petitioners in accordance with law as if the conditions have been imposed and the petitioners 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 abscond, a fresh FIR can be registered under Section 269 of BNS Act. 01-07-2026 JRS https://www.mhc.tn.gov.in/judis CRL OP No. 16643 of 2026 __________ Page5 of 6 To 1. The Judicial Magistrate-III, Vellore. 2. The Inspector of Police, Viruthampet police station, Vellore district. Cr.No.83/2025. 3. The Public Prosecutor, Madras High Court. https://www.mhc.tn.gov.in/judis CRL OP No. 16643 of 2026 __________ Page6 of 6 C.KUMARAPPAN, J. JRS CRL OP No. 16643 of 2026 01-07-2026 https://www.mhc.tn.gov.in/judis