CRL OP No. 17867 of 2026 __________ Page1 of 5 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 10-07-2026 CORAM THE HON'BLE MR.JUSTICE C.KUMARAPPAN CRL OP No. 17867 of 2026 1. Mohan 2. Silambarasan ..Petitioner(s) Vs The State Rep By, The Sub-Inspector Of Police Bhuvanagiri Police Station, Cuddalore. Crime No.58 of 2026 ..Respondent(s) PRAYER : Criminal Original Petition filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, Act, 2023, to enlarge the petitioner on anticipatory bail in the event of his arrest by the respondent police concerned in Crime No.58 of 2026 on the file of the respondent police. For Petitioner(s): Kasirajan S For Respondent(s): Ms.R.S.Indira Govt Advocate (Crl.Side) ORDER The petitioners apprehend arrest for the alleged offence under section 4(1)(c) and 14(A) of Tamil Nadu Prohibition (Amendment ) Act, 2024 in Crime No. 58 of 2016 on the file of the respondent police seek anticipatory bail. https://www.mhc.tn.gov.in/judis CRL OP No. 17867 of 2026 __________ Page2 of 5 2. The case of the prosecution is that on 10.04.2026, at about 7.00am, when the respondent police intercepted a car bearing registration No.TN 91 AA 2902 and found certain Puducherry liquor bottles were illegally transported. Hence, the case. 3. The learned counsel for the petitioners submitted that the petitioners are innocent and they have not committed any offence as alleged by the defacto complainant and they have been falsely implicated in this case. He further submitted that they are ready to abide by any conditions that may be imposed by this Court and ready to co-operate with the investigation. Hence, he prayed to grant anticipatory bail to the petitioners. 4. The learned Government Advocate (Crl.Side) appearing for the respondent police reiterated the prosecution case and submitted that 1st petitioner/A1 is an history sheeted rowdy and 6 previous cases were pending against him. As far as 2nd petitioner is concerned, no criminal antecedents against him. However, she opposed to grant anticipatory bail to the petitioners. 5. I have given my anxious consideration to either side submissions and perused the materials available on record. https://www.mhc.tn.gov.in/judis CRL OP No. 17867 of 2026 __________ Page3 of 5 6. Considering the facts and circumstances of the case, from the submissions made by learned Government Advocate (Crl.Side), it is seen that 1st petitioner is an history sheeted rowdy and 6 previous cases were pending against him. Hence, this Court is not inclined to grant anticipatory bail to the 1st petitioner. Accordingly, the Criminal Original Petition stands dismissed as against 1st petitioner. As far as 2nd petitioner is concerned, he has no criminal antecedents and the recovery is only 3.5 litres of Puducherry liquor. Hence, this Court is of the firm view that custodial interrogation of the 2nd petitioner is not required. Hence, this Court is inclined to grant anticipatory bail to the 2nd petitioner, subject to certain conditions. 7. Accordingly, the 2nd 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 District Munsif cum Judicial Magistrate, Portnovo (Parangipettai), on condition that the 2nd 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 2nd 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 https://www.mhc.tn.gov.in/judis CRL OP No. 17867 of 2026 __________ Page4 of 5 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 2nd petitioner shall report before the respondent Police, everyday 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 2nd petitioner in accordance with law as if the conditions have been imposed and the 2nd 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 2nd petitioner thereafter absconds, a fresh FIR can be registered under Section 269 of BNS Act. 10-07-2026 NR To: 1. The District Munsif cum Judicial Magistrate, Portnovo(Parangipettai) 2. The Sub-Inspector Of Police Bhuvanagiri Police Station, Cuddalore. 3. The Public Prosecutor High Court of Madras https://www.mhc.tn.gov.in/judis CRL OP No. 17867 of 2026 __________ Page5 of 5 C.KUMARAPPAN, J. NR CRL OP No. 17867 of 2026 10-07-2026 https://www.mhc.tn.gov.in/judis