Research › Search › Judgment

Madras High Court · body

2026 DAILYLAW 50756 (MAD)

Ramesh alies Rameshkumar v. The State Rep by, Inspector of Police

CRL OP/17938/2026 · 2026-07-10

C Kumarappan

Transfer Petitionbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

CRL OP No. 17938 of 2026 __________ Page1 of 6 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 10-07-2026 CORAM THE HON'BLE MR.JUSTICE C.KUMARAPPAN CRL OP No. 17938 of 2026 Ramesh @ Rameshkumar ..Petitioner(s) Vs The State Rep by, Inspector of Police Ethappur Police Station, Salem District. Crime No.536/2025 ..Respondent(s) PRAYER : Criminal Original Petition filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, Act, 2023 to enlarge the Petitioner on bail in the event of his arrest in Crime No.536/2025 on the file of the respondent police and thus render justice. For Petitioner(s): K. Prabhakaran For Respondent(s): Ms.R.S.Indira Govt Advocate (Crl.Side) ORDER The petitioner apprehends arrest for the alleged offence under Sections 4(1)(B) of Tamil Nadu Prohibition (Amendment)Act, 2024 in Crime No. 536/2025 on the file of the respondent police seeks anticipatory bail. https://www.mhc.tn.gov.in/judis CRL OP No. 17938 of 2026 __________ Page2 of 6 2. The case of the prosecution is that on 23.12.2025, at about 5.00pm, when the respondent police conducting routine surveillance in the area of Pethanaickenpalayam village, they found the petitioner along with other accused person jointly purchased liquor bottles from TASMAC and selling the same illegally for profit. The respondent police searched the box and recovered 34 bottles of SNJ Brandy (650 ml each), 100 bottles of Diamond XXX rum (180 ml each), 177 bottles of Express Brandy (180 ml each), 9 bottles of MC Brandy (180 ml each), 2 bottles of 1848 Brandy (180 ml each) and 23 bottles of Express Brandy (375 ml each). Hence, the case. 3. The learned counsel for the petitioner submitted that the petitioner is innocent and he has not committed any offence as alleged by the defacto complainant and he has been falsely implicated in this case. He further submitted that he is 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 petitioner. 4. The learned Government Advocate (Crl.Side) appearing for the respondent police reiterated the prosecution case and submitted that no previous case is pending against this petitioner. However, she opposed to grant anticipatory bail to the petitioner. 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. 17938 of 2026 __________ Page3 of 6 6. Considering the facts and circumstances of the case, taking note of the submissions made by the learned counsel on both sides, the allegations against this petitioner is that he along with other accused purchased huge quantity of liquor for illegal sale. Though such allegation was made against him, from the submissions made by learned Government Advocate (Crl.Side), there is no criminal antecedents against him. Hence, this Court is of the firm view that at this length of time, custodial interrogation of the petitioner is not required. Hence, this Court is inclined to grant anticipatory bail to the petitioner, subject to certain conditions. At this juncture, the learned counsel for the petitioner voluntarily undertakes to pay a sum of Rs.15,000/- as non-refundable deposit to any of the welfare schemes without prejudice to his defence. 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-I, Attur , 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; https://www.mhc.tn.gov.in/judis CRL OP No. 17938 of 2026 __________ Page4 of 6 (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 make a non-refundable deposit of Rs.15,000/- (Rupees Fifteen Thousand only) in favour of the Dean, Government Mohan Kumaramangalam Medical College and Hospital, Salem to comply with the conditions imposed by this Court in Crl.O.P.No. 17938 of 2026 dated 10.07.2026, within a period of two weeks from the date on which the order copy is made ready, failing which, the anticipatory bail shall stand automatically cancelled. (d) The 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; (e) 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]; https://www.mhc.tn.gov.in/judis CRL OP No. 17938 of 2026 __________ Page5 of 6 (f) If the petitioner thereafter absconds, a fresh FIR can be registered under Section 269 of BNS Act. 10-07-2026 NR To: 1. The Judicial Magistrate-I, Attur, 2. Inspector of Police Ethappur Police Station, Salem District. 3. The Public Prosecutor High Court of Madras https://www.mhc.tn.gov.in/judis CRL OP No. 17938 of 2026 __________ Page6 of 6 C.KUMARAPPAN, J. NR CRL OP No. 17938 of 2026 10-07-2026 https://www.mhc.tn.gov.in/judis