Vaishnavi v. State Rep. By The Sub Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 14.05.2026

CORAM

THE HONOURABLE MR.JUSTICE P. DHANABAL CRL OP.No.13053 of 2026 Vaishnavi W/o.Boobalan ... Petitioner Vs.

The State represented by its, The Sub Inspector of Police, E-5 Sholavaram Police Station, [Crime No.770 of 2025] ... Respondent PRAYER: Criminal Original Petition filed under 482 of BNSS Act, 2023 to enlarge the petitioner on bail in the event of arrest by the respondent police in Crime No.770 of 2025 on the file of the respondent Police. For Petitioner : Mr.P.Santhosh For Respondent : Mr.A.Gopinath Government Advocate (Crl.Side)

ORDER

The petitioner/ Accused No.4 apprehends arrest for the alleged offence punishable under Sections 8(c), 20(b)(ii)(B) and 29(1) of Narcotic Drugs & Psychotropic Substances Act, 1985 in Crime No.770 of 2025 on the file of the respondent police, seeks anticipatory bail. 1/6

2.

The case of the prosecution is that, based on secret information received, the respondent police conducted a search and found the petitioner and the other accused in illegal possession of 1.25 kgs of ganja for sale. Hence, the complaint.

3.

The learned counsel appearing for the petitioner would submit that the petitioner is an innocent person and he has not committed any offence as alleged and he had been falsely implicated in this case. He further submitted that the petitioner is ready and willing to furnish substantial sureties for his due release and abide by any condition that may be imposed by this Court and therefore, he prayed to grant anticipatory bail to the petitioner.

4.

The learned Government Advocate (Criminal Side) appearing for the respondent police submitted that the petitioner (A4) along with other accused were found in possession of 1.25 kgs of Ganja for sale and that the petitioner is arrayed as an accused in this case based on the confession statement of the co-accused. Further, co-accused A1 to A3 were arrested and released on bail and there is no previous case as against the petitioner. Considering the gravity of offence, he opposed to grant anticipatory bail to the petitioner.

2/6

5.

Considering the representations made by both sides and considering the fact that based on the confession statement of the coaccused, the petitioner is arrayed as an accused and considering the nature of the case, the quantity of contraband seized and the fact that the quantity involved is not a commercial quantity and further, considering that the co-accused have been arrested and released on bail and there is no previous case against the petitioner, 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 (15) days from the date of receipt of a copy of this order before the Judicial Magistrate No.II, Ponneri 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 and on further condition that: [a] the petitioner shall report before the concerned Special Court for NDPS Act cases on everyday at 10.30 a.m., until further orders;

[b] the petitioner shall not, directly or indirectly, make 3/6

any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade then from disclosing such facts of the Court or to any police officer. [c] the petitioner shall not leave India without the previous permission of the Court.

[d] the petitioner shall not abscond either during investigation or trial.

[e] the petitioner shall make herself available for interrogation by a police officer as and when required. [f] 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].

[g] If the petitioner thereafter absconds, a fresh FIR can be registered under Section 269 B.N.S.

14.05.2026 mac 4/6

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 the official website of this Court will be watermarked and will also have a QR code.

To 1.The Judicial Magistrate No.II, Ponneri.

2. The Sub Inspector of Police, E-5 Sholavaram Police Station, [Crime No.770 of 2025] 3.The Public Prosecutor, High Court of Madras. 5/6

P.DHANABAL ,J, mac CRL.OP.No.13053 of 2026 14.05.2026 6/6