Pandian vs State

K.K.Ramakrishnan, J

The petitioner, who apprehends arrest at the hands of the respondent police for the offences under Section 4(1)(C) of Tamil Nadu Prohibition (Amendment) Act, in Crime No.268 of 2026 on the file of the respondent police, seeks anticipatory bail.

The case of the prosecution is that on 02.05.2026, when the respondent police was on patrol duty, the petitioner is in possessin of 149 liquor bottles. Hence, the complaint.

The learned counsel for the petitioner submitted that the petitioner is an innocent person and he has not committed any offences as alleged by the prosecution. Hence, he seeks anticipatory bail to the petitioner.

The learned Government Advocate (Crl.Side), on instructions, submitted that the petitioner has fifty (50) previous cases. Out of them, 41 were disposed of. Hence, he strongly opposed the grant of anticipatory bail to the petitioner.

Taking into consideration of the facts and circumstances of the case and considering the submission made by the learned counsel for the petitioner and though the petitioner has 50 previous cases, 41 cases were already disposed of, this Court is inclined to grant anticipatory bail to the petitioner, with certain conditions.

Accordingly, the petitioner is ordered to be released on anticipatory bail in the event of arrest or on his appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate, Aundipatti, Theni District, on condition that the petitioner shall execute a bond for a sum of Rs. 10,000/- (Rupees Ten Thousand only) with sureties each for a like sum to the satisfaction of the respondent police or the police officer who intends to arrest or to the satisfaction of the learned Judicial Magistrate, Aundipatti, Theni District, failing which, the petition for anticipatory bail shall stand dismissed and on further condition that:

(a) the petitioner and the sureties shall affix their photographs and left thumb impression in the surety bond and the Magistrate may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity;

(b) the petitioner is directed to make a non-refundable deposit of a sum of Rs.10,000/- (Rupees Ten thousand only) to the credit of the Tiruchuli Bar Association, having account in Indian Overseas Bank, Tiruchuli, Account No.247601000024274, IFSC No: IOBA0002476, MICR Code:626020206; On such deposit being made, the learned Magistrate shall accept the sureties furnished by the petitioner;

(c) the petitioner shall report before the respondent Police daily at 10.30 a.m., until further orders;

(d) the petitioner shall not tamper with evidence or witness either during investigation or trial;

(e) the petitioner shall not abscond either during investigation or trial;

(f) on breach of any of the aforesaid conditions, the learned Magistrate/ Trial Court is entitled to take appropriate action against the petitioner in accordance with law as if the conditions have been imposed and the petitioner released on bail by the learned Magistrate/Trial Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji Vs. State of Kerala [(2005) AIR SCW 5560] and;

(g) if the accused/petitioner thereafter abscond, a fresh FIR can be registered under Section 269 of BNS, 2023.