Akash v. The State Rep By, The 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.12673 of 2026 Akash, S/o.Saravanan ... Petitioner vs.
State by The Inspector of Police, Natrampalli Police Station, Tirupattur District, Crime No.389 of 2025 ... Respondent PRAYER Criminal Original Petition filed under Section 482 of B.N.S.S., to enlarge the petitioner on bail in the event of his arrest by the respondent police in Crime No.389 of 2025 on the file of the respondent police. For Petitioner:
Mr.K.Arumugam For Respondent:
Mr.S.Balaji Government Advocate (Crl. Side)
ORDER
The petitioner/accused No.1, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 8(c) read with 20(b) (ii) (A) of NDPS Act, 1985 and Section 123 of BNS, 2023, in connection with Crime No.389 of 2025, seeks anticipatory bail.
2. The case of the prosecution is that on 15.11.2025, the respondent police obtained a secret information that the petitioner and his friends are bringing Ganja for selling and as per the information and with the permission of higher officials, the respondent police has caught 2nd and 3rd accused in the above case and they were found in possession of 100 grams of Ganja. Based on the confession statement given by 2nd and 3rd accused, the petitioner is arrayed as A1 in the FIR.
3. Learned counsel for the petitioner submitted that the petitioner has been arrayed as an accused based on the confession of co-accused and that he has no involvement in the alleged offence. Learned counsel further submitted that the co-accused were released on bail. Hence, prayed for anticipatory bail.
4. Learned Government Advocate (Criminal Side) reiterated the prosecution case and would submit that no previous case is pending as against the petitioner. Further, he fairly submits that the contraband involved in this case is not a commercial quantity. However, he strongly objected 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 and nature of offences charged as against the petitioner and also the fact that no previous case is pending against the petitioner and further, the quantity involved is not a commercial quantity, the entire contraband has been recovered from the co accused, 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 Judicial Magistrate No. III, Tirupathur, 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., for a period of thirty (30) days 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, 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 vji / vsn 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 Judicial Magistrate No.III, Tirupathur.
2.The Inspector of Police, Natrampalli Police Station, Tirupattur District, 3.The Public Prosecutor, Madras High Court.
P. DHANABAL, J.
vji/vsn CRL.O.P.No.12673 of 2026 14.05.2025