Kottieswaran v. State Represented By, The Inspector Of Police,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 29.01.2026
CORAM
THE HONOURABLE MR. JUSTICE K. RAJASEKAR Kottieswaran Petitioner(s) Vs State rep.by, The Inspector of Police, P-3, Vasarapadi Police Station, Pulianthope, Chennai.
Cr.No.257 of 2025.
Respondent(s) PRAYER This Criminal Original Petition is filed under Section 482 of BNSS to enlarge the petitioner on anticipatory bail in the event on his arrest by the respondent police in Cr.No.257 of 2025 on the file of the respondent police. For Petitioner(s):
Mr.Senthik Kumar For Respondent(s):
Ms.J.R.Archana, GA (Crl.Side)
ORDER
The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 8(c), 20(b)(ii)(B) & 29(1) of NDPS Act in connection with the Cr. No.257 of 2025, seeks anticipatory bail.
2. The allegation against the petitioner is on 20.07.2025, the respondent police intercepted a A1 and recovered ganja from her possession.
Upon further search at her residence, additional quantity of ganja was allegedly seized, totaling 10.630 kgs. Based on the confession of A1, the petitioner has been implicated in this case. Hence, the case.
3. Learned counsel for the petitioner submitted that petitioner innocent person, and he has been falsely implicated by the respondent police. He further submitted that only based on the confession statement, the petitioner has been implicated this case and he is ready to abide by any stringent conditions that may be imposed by this Court. Hence, he prays for grant of anticipatory bail to the petitioner.
4. Learned Government Advocate (Criminal Side) appearing for the respondent police reiterated the prosecution's case and submitted that the petitioner has been arrayed as A4 in this case and the other co-accused (A1, A2, A5 and A6) was already arrested and subsequently released on bail. She vehemently opposed for grant of anticipatory bail to the petitioner.
5. Heard both sides and perused the materials available on record.
6. On a perusal of the records reveals that there is no material connecting the petitioner with the alleged crime and only based on the confession statement of A1, the petitioner has been arrayed as an accused in this
case. Considering the fact that the co-accused was already released on bail and the over tact leveled against the petitioner, I am inclined to grant anticipatory bail to the petitioner subject to the following conditions.
7. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on is appearance, within a period of fifteen (15) days from the date on which the order copy made ready, before the learned Xth Judicial Magistrate, Egmore, Chennai, on condition that the petitioner shall execute a bond for a sum of Rs.15,000/- (Rupees Fifteen Thousand only) with two sureties each for a like sum to the satisfaction of the learned Magistrate concerned and on further condition that:
[a] the petitioner shall report before the respondent police daily at 10.30 am., for a period four weeks and thereafter as and when required for interrogation.
[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 them from disclosing such facts to the Court or to any police officer or tamper with the evidence;
[c] the petitioner shall not leave India without the previous permission of the Court;
[d] the petitioner shall not abscond either during investigation or trial.
[e] On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the petitioners in accordance with law as if the conditions have been imposed and the petitioners 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].
[f] If the accused thereafter abscond, a fresh FIR can be registered under Section 269 B.N.S.2023.
29.01.2026 jai To 1.The Inspector of Police, P-3, Vasarapadi Police Station, Pulianthope, Chennai.
2. The X Judicial Magistrate, Egmore, Chennai.
3. The Public Prosecutor, High Court of Madras.
K.RAJASEKAR, J.
jai CRL OP No.1379 of 29-01-2026