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2026 DAILYLAW 55097 (MAD)

Lakshmi v. The State rep. by the Inspector of Police,

CRL OP/19273/2026 · 2026-07-21

C Kumarappan

Transfer Petitionbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

CRL OP No. 19273 of 2026 __________ Page1 of 6 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 21-07-2026 CORAM THE HON'BLE MR.JUSTICE C.KUMARAPPAN CRL OP No. 19273 of 2026 Lakshmi ..Petitioner(s) Vs The State rep. by the Inspector of Police, PEW Salem City Police Station, Salem City. Crime No.127 of 2026. ..Respondent(s) PRAYER : Criminal Original Petition filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, Act, 2023, to enlarge the petitioners on bail in the event of arrest in Crime No.127 of 2026 on the file of the respondent police and thus render Justice. For Petitioner(s): Vignesh K For Respondent(s): MS.R.S.INDIRA, GOVT.ADVOCATE (CRL.SIDE) ORDER The petitioner apprehends arrest for the alleged offence under Sections 4(1)(a), 4(1-A) of Tamil Nadu Prohibition Act, 1937 in Crime No. 127 of 2026 on the file of the respondent police seeks anticipatory bail. https://www.mhc.tn.gov.in/judis CRL OP No. 19273 of 2026 __________ Page2 of 6 2. The case of the prosecution is that on 28.06.2026, while the respondent police were on regular patrol in the Sukkampatti area, the petitioner was found in possession of 36 bottles of Monitor Brandy (180ml each). Hence, the case. 3. The learned counsel for the petitioner submitted that the petitioner is innocent and she has not committed any offence as alleged by the prosecution and she has been falsely implicated in this case. He further submitted that she 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 three previous cases were pending against this petitioner. Hence, 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. 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 https://www.mhc.tn.gov.in/judis CRL OP No. 19273 of 2026 __________ Page3 of 6 this petitioner is that she possessed 36 bottles of TASMAC liquor. Though the learned Government Advocate (Crl.Side) objected this application on the ground that three previous cases were pending against this petitioner, considering the fact that the petitioner being a woman and this is a case of possession of 36 bottles of TASMAC liquor and the same have already been recovered, this Court is of the firm view that 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.50,000/- (rupees fifty thousand only) as non-refundable deposit to any of the welfare schemes without prejudice to her defence. 7. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on her appearance, within a period of fifteen (15) days from the date on which the order copy is made ready, before the learned Judicial Magistrate-VI, Salem , 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. 19273 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.50,000/- (Rupees Fifty 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. 19273 of 2026 dated 21.07.2026, 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. 19273 of 2026 __________ Page5 of 6 (f) If the petitioner thereafter absconds, a fresh FIR can be registered under Section 269 of BNS Act. 21-07-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No nr To: 1. The Judicial Magistrate-VI, Salem 2. The Inspector of Police, PEW Salem City Police Station, Salem City. 3. The Public Prosecutor High Court of Madras https://www.mhc.tn.gov.in/judis CRL OP No. 19273 of 2026 __________ Page6 of 6 C.KUMARAPPAN, J. NR CRL OP No. 19273 of 2026 21-07-2026 https://www.mhc.tn.gov.in/judis