Grish Gowdru v. State Rep. By The Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 29-04-2026

CORAM

THE HON'BLE MR JUSTICE A.D.JAGADISH CHANDIRA Grish Gowdru ..Petitioner(s) Vs State rep. By The Inspector of Police, Berigai Police Station, Krishnagiri District.

Crime.No.197/2025.

..Respondent(s) Criminal Original Petition has been filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, to enlarge the petitioner on anticipatory bail in the event of their arrest by the Respondent Police in Crime No. 197/2025 on the file of the Respondent Police. For Petitioner(s):

Mr.Pradeep For Respondent(s):

Mr.P.Dhileepan Govt.Advocate (Crl.Side)

ORDER

The petitioner, who apprehends arrest at the hands of the respondent police for offences punishable under Section 123 of the Bharatiya Nyaya Sanhita (BNS), 2023, and Sections 8(c), 20(b)(ii)(B) and 25 of the Narcotic Drugs and Psychotropic Substances (NDPS) Act, 1985 and Sections 4(1)(C),

and 4(1-A)(ii) of Tamil Nadu Prohibition (TNP) Act,1937, in Crime No.197 of 2025, seeks anticipatory bail.

2. The learned counsel for the petitioner would submit that though the earlier applications were dismissed, there is a significant change in circumstances. He would further submit that a co-accused has already been granted anticipatory bail by this Court. Hence, on the ground of parity, the petitioner seeks the same relief, as he stands on the same footing. The petitioner further undertakes to abide by any stringent condition that may be imposed by this Court.

3. The case of the prosecution, as put forth by the learned Government Advocate (Criminal Side) appearing for the respondent police, opposing the grant of anticipatory bail, is that on receiving secret information, the respondent police conducted a raid and seized banned tobacco products and liquor bottles which were in the possession of the petitioner and other accused persons. He further contended that the petitioner has no bad antecedents.

4. Heard the learned counsel appearing for the petitioner and the learned Government Advocate (Criminal Side) appearing for the respondent and perused the materials available on record.

5. Taking note of the facts and circumstances of the case, the submissions made by the learned counsel on either side, and considering the fact that the petitioner has no bad antecedents, that the co-accused has already been granted bail and that custodial interrogation is not required at this stage, this Court is inclined to grant anticipatory bail to the petitioner, subject to certain conditions.

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 days from the date on which the order copy is made ready, before the learned Judicial Magistrate-I, Hosur, 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 that:

[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 suretyship (Judicial Form No.46 annexed to 'The Criminal Rules of Practice, 2019]'. The learned Magistrate shall obtain a copy of any one of identity proofs to ensure their identity;

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

[d] The petitioner shall not directly or indirectly cause any threat to the defacto complainant and witnesses and shall not tamper with evidence or witness either during investigation or trial;

[e] The petitioner shall make himself available for interrogation by a Police officer as and when required; [f] The petitioner shall give an undertaking that if required for being identified by witnesses during investigation or for Police custody beyond the first fifteen days, he will comply with the directions as may be given by the Court in this regard;

[g] The petitioner shall not abscond either during investigation or trial;

[h] 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 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];

[i] If the petitioner thereafter absconds, a fresh FIR can be registered under Section 269 of BNS Act.

29-04-2026 Index: Yes/No Speaking/Non-speaking order Jeni To 1.The Judicial Magistrate-I, Hosur.

2.The Inspector of Police, Berigai Police Station, Krishnagiri District. 3.The Public Prosecutor, High Court of Madras, Chennai.

A.D.JAGADISH CHANDIRA, J.

Jeni 29-04-2026