Cakash Kumar v. 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.12811 of 2026 C.Akash Kumar S/o. K.Chinnaraj, No.8, Chinnamman Kovil 2nd Street, Nettukuppam Ennore, Chennai - 600 057.
... Petitioner vs.
The State Rep. by The Inspector of Police, R-5 Virugambakkam Police Station, Chennai - 600 092.
(Crime No.10 of 2026) ... 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 in connection with Crime No.10 of 2026 on the file of the respondent police and pass orders. For Petitioner:
Mr.Maha Vishnu T 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), 22 (b), 25 and 29 (1) of the Narcotics Drugs & Psychotropic Substances Act, 1985, in connection with Crime No.10 of 2026, seeks anticipatory bail.
2. The case of the prosecution is that on 13.01.2026, the respondent police seized 13 MDMA Ecstasy pills from the possession of A1. During interrogation, A1 stated that the petitioner supplied these pills to him and that payments were also made to the petitioner. Hence, 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 are two previous cases pending as against the petitioner and the entire contraband has been seized. 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 and that the entire contraband has been seized and the co-accused arrested in this case have been released on bail, this petitioner was arrayed as accused only based on the confession
statement of the co-accused and further that there are some previous cases pending against the petitioner which are not similar in nature and in all cases, bail was granted to him, 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 23rd 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.
P. DHANABAL.J., [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 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 23rd Metropolitan Magistrate, Saidapet.
2.The Inspector of Police, R-5 Virugambakkam Police Station, Chennai - 600 092.
3.The Public Prosecutor, Madras High Court.
CRL.O.P.No.12811 of 2026