CRL OP/8975/2026 of Sumathi M Vs The State Rep By, The Inspector of Police
CRL OP No. 8975 of 2026
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 09-04-2026
CORAM
THE HON'BLE MR.JUSTICE C.KUMARAPPAN
CRL OP No. 8975 of 2026
M.Sumathi
..Petitioner(s)
Vs
State Rep By,
The Inspector of police
C-5, Vengal Police Station,
Thiruvallur
(Crime No.104/2026)
..Respondent(s)
Criminal Original Petition has been filed under Section 482 of the
Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, to enlarge her on
Anticipatory Bail in the event of arrest in Crime No.104 of 2026, under Sections
4(1)(A) BNS and Tamil Nadu Prohibition Act, 1937 on the file of the
respondent police.
For Petitioner(s): Mr.Lakshmikanthan J
For Respondent(s): Mr.P.Dhileepan
Government Advocate (Criminal Side)
ORDER
The petitioner, who apprehends arrest at the hands of the respondent
police for offences punishable under Section 4(1)(A) of the Tamil Nadu
Prohibition Act, 1937, as amended by the Tamil Nadu Prohibition
(Amendment) Act, 2024, in Crime No.104 of 2026 on the file of the responde nt
police, seeks anticipatory bail.
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CRL OP No. 8975 of 2026
2. The case of the prosecution is that on the day of the alleged occurrence,
acting on specific intelligence regarding the illegal possession of liquor , the
respondent police conducted an inspection. During the course of the operation,
the petitioner was found to be in illegal possession of 120 bottles of li quor.
Hence, the case.
3. The learned counsel for the petitioner submits that the petitioner is in no
way connected to this case and has been falsely implicated. He furt her
submitted that the petitioner has not committed any offence as alleged by the
prosecution. Hence, he prays to grant anticipatory bail to the petitioner.
4. The learned Government Advocate (Crl. Side) appearing for the
respondent police, while reiterating the prosecution case, strongly opposed t he
grant of anticipatory bail. He submitted that the petitioner has 35 previous cases
of a similar nature, which clearly indicates that the petitione r is a habitual
offender. He further submitted that if the petitioner is released on anticipatory
bail, there is a very likelihood that she will abscond or continue to c ommit
similar offences in the future, thereby hindering the investigation.
5. Considering the fact that the case involves a prohibition offence, which
has serious ramifications and a detrimental impact on society, and taking into
account that seizure of a substantial quantity of 120 liquor bottles suggests
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CRL OP No. 8975 of 2026
involvement in organised illegal trade rather than mere possession for pe rsonal
consumption, and that the petitioner has 35 previous case pending against him,
and the need to unearth the network behind such illegal transportation, this
Court is of the opinion that custodial interrogation is necessary for a n effective
investigation. Consequently, this Court is not inclined to grant anticipator y bail
at this stage.
6. Accordingly, this Criminal Original Petition is dismissed.
09-04-2026
Index: Yes/No
Speaking/Non-speaking order
Neutral Citation: Yes/No
Jeni
To
1.The Judicial Magistrate I Court, Thiruvallur.
2.The Inspector of police, C-5, Vengal Police Station, Thiruvallur
3.The Public Prosecutor, High Court of Madras, Chennai.
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CRL OP No. 8975 of 2026
C.KUMARAPPAN, J.
Jeni
CRL OP No. 8975 of 2026
09-04-2026
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