S Karthick v. State 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 S Karthick ..Petitioner(s) Vs State by The Inspector of Police, K-9, Thiru Vi Ka Nagar Police Station, Chennai (Crime No.137/2026) ..Respondent(s) Criminal Original Petition has been filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, to enlarge the petitioner on bail in Cr.No.137 of 2026 on the file of the respondent For Petitioner(s):
Mr.Chozhan K 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 8(c) read with Sections 20(b)(ii) (B) and 29(1) of the Narcotic Drugs and Psychotropic Substances (NDPS) Act, 1985, in Crime No.137 of 2026, seeks anticipatory bail.
2. The learned counsel for the petitioner, while pleading innocence and alleging false implication, seeks the indulgence of this Court. He submits that the petitioner has not committed any offence as alleged by the prosecution. He would further submit that based on the confession statement of the co-accused, the petitioner has been implicated in the present case. He further submits that the petitioner is a law-abiding citizen and is willing to abide by any stringent conditions 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 the petitioner and other accused persons were found in possession of 1,500 grams of ganja. Further, based on the confession statement, the petitioner has been implicated in the present case and the FIR has been registered. He would further submit 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 and the submissions made by the learned counsel on either side, and considering the
fact that the petitioner has no bad antecedents 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 XVII Metropolitan Magistrate, Egmore, Chennai 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., until further orders; [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 1.The XVII Metropolitan Magistrate, Egmore. Chennai 2.The Inspector of Police, K-9, Thiru Vi Ka Nagar Police Station, Chennai. 3.The Public Prosecutor, High Court of Madras, Chennai.
A.D.JAGADISH CHANDIRA, J.
Jeni 29-04-2026