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

6IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 28.01.2026

CORAM

THE HONOURABLE MR JUSTICE K.RAJASEKAR CRL.O.P.No.1720 of 2026 Sakthivel ... Petitioner

Versus

The State rep by its, The Inspector of Police, Vadalur Police Station, Cuddalore District.

(Crime No.297 of 2025) .. Respondent Prayer:- Criminal Original Petition filed under Section 482 of B.N.S.S., to enlarge the petitioner on anticipatory bail in the event of his arrest in Crime No.297 of 2025 on the file of the respondent police. For Petitioner :

Mr.D.Lakshmipathy For Respondent :

Ms.J.R.Archana Government Advocate (Crl. Side)

O R D E R

The petitioner, who apprehends arrest by the respondent police for the offences punishable under Section 8(c), 20(b)(ii)(A), 25 and 29(1) of Narcotic Drugs and Psychotropic Substances Act, 1985 in Crime No.297 of 2025 registered on the file of the respondent police, seeks anticipatory bail.

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2. The allegation against the petitioner is that her is ranked as A3 in this case. It is alleged that A1 and A2 were arrested for possession of 130 grams of ganja and after arrest, it was revealed that the said contraband was supplied by A3 and A4. Hence, the petitioner was added as an accused and a case has been registered against the petitioner.

3. The learned counsel appearing for the petitioner submitted that based on the confession of the arrested accused, this petitioner was arrested and that he has no previous case against him. Hence, he prays for the 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 though the petitioner is not having any previous case, if the petitioner is granted anticipatory bail, he will indulge in similar activities. Hence, he opposed to grant anticipatory bail to the petitioner.

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

6. This Court, on perusal of the FIR and other connected materials, it was revealed that the quantity seized in this case is 130 grams, which falls 2/5

within the definition of small quantity, therefore, this Court is inclined to grant anticipatory bail to the petitioner, subject to certain conditions.

7. Accordingly, the petitioner is ordered to be released on anticipatory bail in the event of arrest or on his appearance, within a period of fifteen

(15) days from the date of receipt of a copy of this order before the District Munsif cum Judicial Magistrate, Kurinjipadi, 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 respondent police or the police officer who intends to arrest or to the satisfaction of the learned Magistrate concerned and on further condition that:

(a) the sureties shall affix their photographs and left thumb impression in the surety bond and the Magistrate may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity;

(b) 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.

(c) the petitioner shall not tamper with evidence or witness either during investigation or trial; (d) the petitioner shall not abscond either during investigation or trial;

(e) on breach of any of the aforesaid conditions, 3/5

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 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]; and;

(f) if the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S. 28.01.2026 drl To 1.The District Munsif cum Judicial Magistrate, Kurinjipadi.

2. The Inspector of Police, Vadalur Police Station, Cuddalore District.

3.The Public Prosecutor, High Court, Madras.

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K.RAJASEKAR, J.

drl CRL.O.P.No.1720 of 2026 28.01.2026 5/5