Y Anish v. Home, Prohibition And Excise Department
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 21.05.2026
CORAM
THE HON'BLE MR. JUSTICE R.SAKTHIVEL Y.Anish S/o.V.Yesaiah ... Petitioner/Accused-5 Vs.
The State represented by The Inspector of Police, B-2 Thiruvallur Taluk Police Station, Thiruvallur.
(Crime No.64 of 2026)
...Respondent/Complainant
PRAYER :- Criminal Original Petition filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 praying to grant prearrest bail to the petitioner in Crime No.64 of 2026 on the file of the respondent-police.
For Petitioner : Mr.S.John Josh For Respondent : Mr.A.Gopinath Government Advocate (Crl. Side) 1/8
ORDER
This Criminal Original Petition has been filed by the petitioner on 19.05.2026 under Section 482 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, praying to grant an order of pre-arrest bail.
2. The petitioner apprehends arrest at the hands of the respondentpolice for the offences punishable under Sections 123, 278 of Bharatiya Nyaya Sanhita (BNS), 2023 r/w Section 77 of Juvenile Justice Act, in Crime No.64 of 2026 on the file of the respondent-police.
3. The case of the prosecution is that the petitioner was involved in the supply of Tapentadol Hydrochloride Tablets 100 mg intended for sale to the general public and students and the respondent police have recovered 196 tablets from the petitioner. Hence, the case.
4. The learned counsel for the petitioner/A5 submits that the petitioner is an innocent person and he has not committed any such offence as alleged by the de-facto complainant and he has been falsely implicated in this case. He further submits that he is ready to abide by any stringent condition that may be imposed by this Court and he is ready to 2/8
cooperate for investigation. Hence, he prays to grant anticipatory bail to the petitioner.
5. Mr.A.Gopinath, learned Government Advocate (Crl.Side) appearing for the respondent police submits that it is the case of the recovery of 197 tablets of Tapentadol and especially a case involving an addictive substance. He further submits that no previous cases have been registered against the petitioner. However, he strongly opposed to grant anticipatory bail to the petitioner.
6. Heard on both sides. This Court has perused the records.
7. Considering the fact that 197 tablets of Tapentadol has already been seized by the respondent-police, this Court is of the view that the custodial interrogation of the petitioner is not necessary. Further, the petitioner has permanent residence and deep roots in the society and he has also produced a copy of the Aadhaar card before this Court bearing Aadhaar No.xxxx xxxx 2480. Hence, there is less possibility of absconding. Considering the facts and circumstances of the case, the 3/8
nature of the offence alleged against the petitioner and with a view to give an opportunity to the petitioner to reform himself, this Court is inclined to grant pre-arrest bail to the petitioner. Accordingly, pre-arrest bail is granted to the petitioner subject to the following conditions: (i) The petitioner shall be released on pre-arrest bail in the event of his arrest or in the event of his surrender before the learned Judicial Magistrate I, Thiruvallur, within a period of 15 days from the date on which the order copy is made ready, on executing a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) along with two sureties each for a like sum of Rs.25,000/- (Rupees Twenty Five Thousand only) to the satisfaction of the learned Judicial Magistrate I, Thiruvallur. (ii) 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 Judicial Magistrate shall obtain a copy of any one of their identity proofs to ensure their identity.
(iii) The petitioner shall appear and sign before the respondent Police daily at 9:30 a.m. until further orders. 4/8
(iv) The petitioner shall make himself available for interrogation by a police officer as and when required.
(v) The petitioner shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade them from disclosing such facts to the Court or to any police officer.
(vi) The petitioner shall also not, directly or indirectly, cause any threat to the defacto complainant and witnesses and shall not tamper the evidence.
(vii) The petitioner shall not leave India without prior permission of the Judicial Magistrate-I, Thiruvallur.
(viii) The petitioner shall furnish his residential address and mobile number to the Judicial Magistrate-I, Thiruvallur. (ix) On breach of any of the aforementioned conditions, the learned Judicial Magistrate-I, Thiruvallur or Trial Court, as the case may 5/8
be, is entitled to pass appropriate orders against the petitioner in accordance with law as if the aforementioned conditions are imposed by them as laid down by the Hon'ble Supreme Court in P.K. Shaji vs. State of Kerala [(2005) 13 SCC 283].
8. Accordingly, this Criminal Original Petition is allowed subject to the conditions stated supra.
21.05.2026 Index : Yes/No Internet : Yes/No dpq 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.
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To 1.The Judicial Magistrate-I, Thiruvallur.
2.The Inspector of Police, B-2 Thiruvallur Taluk Police Station, Thiruvallur.
3.The Public Prosecutor, High Court of Madras.
7/8
R.SAKTHIVEL.
J.
dpq 21.05.2026 8/8