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2026 DAILYLAW 50726 (MAD)

Govindhan v. The State Rep by its The Inspector of Police

CRL OP/17432/2026 · 2026-07-07

C Kumarappan

Transfer Petitionbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

CRL OP No. 17432 of 2026 __________ Page1 of 5 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 07-07-2026 CORAM THE HON'BLE MR.JUSTICE C.KUMARAPPAN CRL OP No. 17432 of 2026 Govindhan S/o.Chinnathambi 53, Erukkampattu, Chinnasalem, Villupuram ..Petitioner(s) Vs The State Rep by its The Inspector of Police Kariyalur Police Station, Kallakurichi District. Crime No. 179 of 2025. ..Respondent(s) PRAYER : Criminal Original Petition filed under Section 482 of BNSS, 2023, to enlarge the petitioner on bail in the event of his arrest in Crime No 179 of 2025 on the file of the respondent police and thus render Justice. For Petitioner(s): M/s.Raji For Respondent(s): MS.R.S.INDIRA, GOVT.ADVOCATE (CRL.SIDE) ORDER The petitioner, who apprehends arrest for the alleged offence under Sections 4(1) (C) and 4 (1-A) (ii) of the Tamil Nadu Prohibition (Amendment) Act, 2024 r/w 25 (1B) (a) of the Arms Act, 1959, in Crime No.179 of 2025, on the file of the respondent police seeks anticipatory bail. https://www.mhc.tn.gov.in/judis CRL OP No. 17432 of 2026 __________ Page2 of 5 2. The case of the prosecution is that the petitioner was found in illegal possession of 1 1/2 litres of illicit arrack and 1 country-made gun. Hence, the case was registered. 3. The learned counsel for the petitioner submits that an FIR was registered for the possession of 1 ½ litres of arrack and one country-made gun. It is the submission of the learned counsel for the petitioner that the gun is not in working condition and has been with his family for a long time. He further submits that the petitioner is innocent and has been falsely implicated in this case. Additionally, he submits that the petitioner is ready and willing to furnish substantial sureties for his release and to abide by any conditions that may be imposed by this Hon'ble Court. Therefore, he prays for the grant of anticipatory bail to the petitioner. 4. The learned Government Advocate (Crl.Side) appearing for the respondent fairly submits that the petitioner has no criminal antecedent. He also notes that the learned counsel for the petitioner has produced medical records indicating that the petitioner suffers from certain neurological issues. 5. Taking into consideration the facts and the total circumstances of the case, and further considering that the occurrence took place on 07.09.2023, the custodial interrogation of the petitioner is not deemed necessary at this stage. https://www.mhc.tn.gov.in/judis CRL OP No. 17432 of 2026 __________ Page3 of 5 Apart from that, considering his medical ground, this Court is inclined to enlarge the petitioner on anticipatory bail, subject to certain 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 days from the date on which the order copy is made ready, before the Learned Judicial Magistrate, Sankarapuram, 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 appear and sign before the respondent police everyday at 10.30 a.m., for a period of two weeks and thereafter, as and when required for further interrogation; (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 https://www.mhc.tn.gov.in/judis CRL OP No. 17432 of 2026 __________ Page4 of 5 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]; (f) If the petitioner thereafter absconds, a fresh FIR can be registered under Section 269 of BNS Act. 07-07-2026 GBI To 1.The Inspector of Police Kariyalur Police Station, Kallakurichi District. 2.The Judicial Magistrate, Sankarapuram. 3.The Public Prosecutor, High Court of Madras. https://www.mhc.tn.gov.in/judis CRL OP No. 17432 of 2026 __________ Page5 of 5 C.KUMARAPPAN, J. GBI CRL OP No. 17432 of 2026 07-07-2026 https://www.mhc.tn.gov.in/judis