Devi Vs the State Rep By Inspector of Police

Prayer: This Criminal Original Petition is filed under Section 482 of BNSS to enlarge the petitioner on anticipatory bail in the event of arrest im connection with Crime no.18 of 2026 on the file of the respondent police.

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For Petitioner(s): Mr.S.J.Rajajanakiraman For Respondent(s): Mr.S.Balaji, Government Advocate (Crl.Side)

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ORDER

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The petitioner apprehends arrest for the alleged offences punishable under Sections 4(1)(C ) and 4(1-A)(ii) of the Tamil Nadu Prohibition (Amendment) Act 2024 in Crime No.18 of 2026 on the file of the respondent police, seeks anticipatory bail.

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The case of the prosecution is that on 28.01.2026 at about 03.00 p.m.,

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the respondent police conducted a prohibition raid at Kodamathi village,

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https://www.mhc.tn.gov.in/judis

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CRL OP No. 13094 of 2026

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Kalvarayanmalai Taluk, based on secret information regarding illicit distillation and sale of arrack. During the raid, one male and one female person were found near the house of the first accused, and on seeking the police, the female person escaped from the scene of occurrence. Subsequently, the petitioner was implicated as absconding accused based on the confession statement of the coaccused. Hence, the case.

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The learned counsel appearing for the petitioner would submit that the petitioner is innocent and he has been falsely implicated in this case only based on the confession statement of the co-accused. He further submitted that the petitioner is ready and willing to furnish substantial sureties for her due release and to abide by any conditions that may be imposed by this Hon'ble Court and therefore, he prayed to grant anticipatory bail to the petitioner.

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The learned Government Advocate (Criminal Side) appearing for the respondent police, while reiterating the prosecution case, strongly opposed the grant of anticipatory bail and submitted that petitioner has no previous bad antecedents and if she is enlarged on anticipatory bail, she may abscond and commit similar offences in future as well.

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Considering the rival submissions, the nature of the offence, and other facts and circumstances of this case and no previous case is pending against the

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https://www.mhc.tn.gov.in/judis

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CRL OP No. 13094 of 2026

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petitioner, this Court is inclined to grant anticipatory bail to the petitioner subject to certain conditions.

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Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on her appearance, within a period of fifteen days from the

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date on which the order copy made ready, before the learned Judicial Magistrate-I, Kallakurichi, Kallakurichi District on condition that

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the petitioner shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties each for a like sum to the satisfaction of the learned Magistrate concerned and on further condition that:

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[a] the petitioner shall report before the respondent police on every Saturday at 10.30 a.m., for a period of four weeks and thereafter, as and when required for interrogation;

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[b] the petitioner shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade her from disclosing such facts to the Court or to any police officer;

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[c] the petitioner shall not leave India without the previous permission of the Court;

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[d] the petitioner shall not abscond either during investigation or trial.

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https://www.mhc.tn.gov.in/judis

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CRL OP No. 13094 of 2026

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[e] 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].

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[f] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 B.N.S.2023.

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14-05-2026

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Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No

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JAI

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Note :

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Registry is directed to forthwith upload this order in the Official Website of this Court.

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All concerned to act on this order being uploaded in Official Website of this Court without insisting on certified hard copies. To be noted, this order when uploaded in the official website of this Court will be watermarked and will also have a QR code.

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To

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