Vignesh v. The State Rep By The Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 27.01.2026

CORAM

THE HONOURABLE Mr. JUSTICE K. RAJASEKAR Vignesh ... Petitioner / A2 Vs.

The State rep. by The Inspector of Police, PEW-Tiruvannamalai Police Station, Tiruvannamalai District.

... Respondent (Crime No.06 of 2026) PRAYER : Criminal Original Petition filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, Act, 2023, to enlarge the petitioner on bail in event of arrest pending investigation in Crime No.06 of 2026 on the file of the respondent police.

For Petitioner : Mr.S.Kalaikumar For Respondent : Ms.J.R.Archana, Government Advocate (Crl.Side)

ORDER

The petitioner apprehends arrest for the alleged offence under Sections 123 of BNS & 8(c), 20(b)(ii)(A) of NDPS Act in Crime No.06 of 2026 on the file of the respondent police seeks anticipatory bail.

2. The allegation against the petitioner is that the the petitioner has 1/4

supplied 50 grams of ganja to A1 in this case and on prior information, A1 was arrested and based on the confession statement of A1, the petitioner has been added as an accused in this case. Hence, a case has been registered.

3. The learned counsel for the petitioner submitted that the quantity of contraband seized in this case is 50 grams which is very small quantity. He further submitted that the petitioner is not having previous cases and ready to abide by any conditions that may be imposed by this Court and ready to cooperate 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, upon instructions, submitted that the statement recorded from A1 revealed that the petitioner has supplied 50 grams of ganja and if the petitioner is granted anticipatory bail, there is a likelihood that he would indulge in similar kind of offences. Hence, she opposed to grant anticipatory bail to the petitioner.

5. Considering the facts and circumstances of the case; and the submissions made by the learned counsel on both sides; and considering the fact that the contraband seized in this case is only 50 grams, which falls within the definition of small quantity; and the petitioner is not having previous cases, I am inclined to grant anticipatory bail to the petitioner, subject to certain conditions.

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6. 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 is made ready, before the learned Judicial Magistrate at Kilpennathur, 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;

(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 report before the learned Judicial Magistrate at Kilpennathur, everyday at 10.30 a.m., for a period of three weeks and thereafter, as and when required for interrogation;

K.RAJASEKAR,J.

ssi (d) On breach of any of the aforesaid conditions, the 3/4

learned Magistrate/Trial Court is entitled to take appropriate actions against the petitioners in accordance with law as if the conditions have been imposed and the petitioners 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 petitioners thereafter absconds, a fresh FIR can be registered under Section 269 of BNS Act.

27.01.2026 ssi To:

1.The Judicial Magistrate at Kilpennathur.

2.The Inspector of Police, PEW-Tiruvannamalai Police Station, Tiruvannamalai District.

3.The Public Prosecutor, High Court of Madras.

Crl.OP.No.1236 of 2026 4/4