Hemanth v. State Rep.By, The Inspector Of Police,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 03.02.2026
CORAM
THE HONOURABLE MR JUSTICE K.RAJASEKAR Crl.O.P.No.2038 of 2026 Hemanth ... Petitioner Vs.
State rep by The Inspector of Police, Pullarambakkam Police Station, Tiruvallur District.
... Respondent PRAYER : Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, to enlarge the petitioner on bail, in the event of his arrest in Cr.No.313 of 2024 on the file of the respondent police. For Petitioner : Mr.R.Parthiban For Respondent : Ms.J.R.Archana Government Advocate (Crl. Side)
ORDER
The petitioner, who apprehends arrest for the alleged offence under Sections 8(c) and 20(b)(ii)(A) of NDPS Act, 1985 in Cr.No.313 of 2024 on the file of the respondent police, seeks anticipatory bail. 1/5
2. The allegation against the petitioner is that based on the secret information, the respondent went to the scene of occurrence and found that the accused persons/A2 and A3 were in possession of 250 grams of ganja. The petitioner was escaped from the scene of an occurrence. Hence, the case has been lodged for taking action against the petitioner.
3. The learned counsel appearing for the petitioner submitted that the petitioner is ranked as A1 in this case and no recovery was made from him. Based on the confession of A2 and A3, this petitioner was added as an accused in this case. He further submitted that the petitioner is ready to cooperate for the investigation and also ready to abide by any conditions that may be imposed by this Court. Hence, he prayed for grant of anticipatory bail to the petitioner.
4. The learned Government Advocate (Criminal Side), appearing for the respondent police, reiterated the prosecution case and submitted that the petitioner herein is ranked as A1 and the ganja was transported from Andra Pradesh to Tamilnadu and sold the same to the local public for his personal gain. He further submitted that the property was recovered, investigation in this case is pending and the petitioner is not having any previous case. Hence, he vehemently opposed the grant of anticipatory bail. 2/5
5. Heard both sides and perused the materials available on record.
6. Considering the nature of allegations, the fact that the quantity of ganja seized is a small quantity, investigation is pending in this case and the petitioner is not having any previous case, I am inclined to grant anticipatory bail to the petitioner, subject to certain conditions.
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 made, before the learned Judicial Magistrate-I, Tiruvallur 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 learned Magistrate concerned, and on further condition that:
(a) If the petitioner fails to surrender before the concerned 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;
(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; 3/5
(c) The petitioner shall report before the respondent police daily at 10.30 a.m., for a period of three weeks and thereafter, as and when required for interrogation;
(d) 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]; (e)If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of BNS Act.
03.02.2026 Vv To
1. The Judicial Magistrate-I, Tiruvallur
2. The Inspector of Police, Pullarambakkam Police Station, Tiruvallur District.
3.The Public Prosecutor High Court of Madras, Chennai 600 104.
4/5
K.RAJASEKAR , J.
Vv Crl.O.P.No.2038 of 2026 03.02.2026 5/5