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Madras High CourtCRL OP/1529/2026granted

Mohammed Shahul v. State Rep.By, Inspector Of Police,

2026-01-29Honourable Mr.Justice K.Rajasekar5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 29.01.2026

CORAM

THE HONOURABLE MR. JUSTICE K. RAJASEKAR Mohammed Shahul Petitioner(s) Vs State rep.by, The Inspector of Police, V-3,JJ Nagar Police Station, Chennai District.

Cr.No.33 of 2026 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.33 of 2026 on the file of the respondent police. For Petitioner(s):

Mr.J.Ramesh for Mr.V.Vivek 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) and 22(b) of NDPS Act in connection with the Cr. No.33 of 2026, seeks anticipatory bail.

2. The allegation against the petitioner is that on the date of alleged occurrence, based on the secret information, the respondent police went to scene of occurrence, and found A1 in possession of 4.5 grams of Methamphetamine and 5 grams of ganja and the same were recovered by the respondent police. Based on his confession, 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 confession of A1 this petitioner has been implicated in this case and ready to cooperate with investigation. 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 is ranked as A5 in this case, there is money transaction between A1 and this petitioner and no previous case is pending against the petitioner. She vehemently opposed for grant of anticipatory bail to the petitioner.

5. Heard both sides and perused the materials available on record.

6. Considering the quantity of contraband involved in this case, it is also demonstrated before me that the alleged money transaction has no link with contraband involved this case and no previous case is pending 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 Judicial Magistrate, Ambattur 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, V-3,JJ Nagar Police Station, Chennai District.

2. The Judicial Magistrate, Ambattur.

3. The Public Prosecutor, High Court of Madras.

K.RAJASEKAR, J.

jai CRL OP No.1529 of 29-01-2026