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Madras High CourtCRL OP/4090/2026granted

Vijayaraj @ Pachai, v. The State Rep. By The Inspector Of Police,

2026-02-19Honourable Mr.Justice K.Rajasekar5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 19.02.2026

CORAM

THE HONOURABLE MR. JUSTICE K. RAJASEKAR Vijayaraj @ Pachai Petitioner(s) Vs The state represented by the Inspector of Police, Bhavani Police Station, Erode District.

(Crime No.541 of 2025).

Respondent(s) PRAYER: This Criminal Original Petition is filed under Section 482 of BNSS to enlarge the petitioner on bail in event of his arrest in Crime No.541 of 2025 pending investigation on the file of Respondent Police. For Petitioner(s):

Mr.W.Camyles Gandhi 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 312, 313, of BNSS and Section 25(1-A), 25(1-AA) and 3 of Arms Act, 8(c), 20(b),(ii)(A) of NDPS Act, in connection with the Cr. No.541 of 2025, seeks anticipatory bail.

2. The allegation against the petitioner is that on 16.11.2025 at about 01.00 a.m., while the respondent police were at vehicle inspection, at that time, the petitioner along with other accused persons were planned to commit robbery in remote area with 4 knives in their Maruthi 800 vehicle bearing registration No.TN 38 D 2151. On seeing the police, accused escaped from the scene of occurrence. Thereafter, the respondent police recovered 250 grams of Ganja and other materials with car. Hence, the case.

3. Learned counsel for the petitioner submitted that the petitioner has not committed any offence as alleged by the defacto complainant and he has been falsely implicated in this case. He further submitted that he is ready to cooperate with the investigation. Hence, he prayed for grant of anticipatory bail to the petitioner.

4. Learned Government Advocate (Criminal Side) appearing of the respondent police reiterated the prosecution's case and on instruction submitted that the petitioner is ranked as A1 in this case and 17 previous cases are pending against him, 250 grams of ganja were recovered from the accused and the investigation in this case is still progressing, hence, she opposed to grant anticipatory bail to the petitioner.

5. Considering the small quantity of contraband only involved in this case, the over tact levelled against the petitioner and other aspects of this case, the am inclined to grant anticipatory bail to the petitioner subject to the following 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 (15) days from the date on which the order copy made ready, before the learned Judicial Magistrate-I, Bhavani 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 condition that:

[a] the petitioner shall report before the Trial Court daily at 10.30 am., on all working days for a period three weeks and thereafter as per the directions of the Trial Court.

[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 abscond either during investigation or trial. [d] 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.

19.02.2026 jai To 1.The Inspector of Police, Bhavani Police Station, Erode District.

2. The Judicial Magistrate No.I, Bhavani

3. The Public Prosecutor, High Court of Madras.

K.RAJASEKAR J.

jai CRL OP No. 4090 of 19.02.2026