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

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 14-05-2026

CORAM

THE HONOURABLE MR.JUSTICE P. DHANABAL CRL.O.P.No.12895 of 2026 Mr.R.Hariharan S/o. Ramesh Babu No.58/G1, Sorana Apartments, Pillaiyar Koil Street, Vadapalani, Chennai, Tamil Nadu - 600 026.

... Petitioner vs.

The State Rep. By its The Inspector of Police, F-5 Choolaimedu Police Station, Choolaimedu, Chennai - 600 095.

(Crime No.131 of 2026) ... Respondent PRAYER Criminal Original Petition filed under Section 482 of B.N.S.S., to grant anticipatory bail to the petitioner in the event of her arrest by the respondent police in Crime No.131 of 2026 on the file of the respondent/complainant i.e., on the file of the Inspector of Police, F-5, Choolaimedu Police Station, Choolaimedu, Chennai - 600 095. For Petitioner:

Mr.S.Mohanraj For Respondent:

Mr.A.Gopinath Government Advocate (Crl. Side)

ORDER

The petitioner/accused, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 8 (c), 20 (b) (ii) (B) and 29 (1) (a) of the Narcotic Drugs & Psychotropic Substances Act, 1985, in connection with Crime No.131 of 2026, seeks anticipatory bail.

2. The case of the prosecution is that the respondent police received an information and went to the place of occurrence, and apprehended the accused persons, who were in possession of 25 grams of methamphetamine, without any valid license. The said contraband was seized and the case was registered.

3. Learned counsel for the petitioner submitted that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution. He further submitted that based on the confession statement of the co-accused, the petitioner's name was implicated in this case. Hence, prayed for anticipatory bail.

4. Learned Government Advocate (Criminal Side) reiterated the prosecution case and would submit that there is no previous case is pending as against the petitioner. However, he opposed to grant anticipatory bail to the petitioner.

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

6. Considering the rival submissions on either side, nature of offences alleged as against the petitioner, the fact that the quantity of contraband involved in this case is not a commercial quantity, the petitioner was arrayed as accused only based on the confession statement of the co-accused and the coaccused arrested in this case was released on bail, and further that there is no previous case pending against the petitioner, this Court is inclined to grant

anticipatory bail to the petitioner on certain conditions.

7. 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 of receipt of a copy of this order, before the learned XVII Metropolitan Magistrate, Saidapet, on condition that the petitioner shall execute a bond for a sum of Rs.10,000/- (Rupees Ten 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, failing which, the petition for anticipatory bail shall stand dismissed and on further conditions that:

[a] the petitioner and 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 10.00 a.m., until further orders.

[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.

P. DHANABAL.J., [e] 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 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.

14.05.2026 dh Note:-

1. Registry is directed to forthwith upload this order in the official website of this Court.

2. All concerned to act on this order being uploaded in official website of this Court without insisting on certified hard copies. To be noted, this order when uploaded in official website of this Court will be watermarked and will also have a QR code. To 1.The XVII Metropolitan Magistrate, Saidapet.

2.The Inspector of Police, F-5 Choolaimedu Police Station, Choolaimedu, Chennai - 600 095.

3.The Public Prosecutor, Madras High Court.

CRL.O.P.No.12895 of 2026