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Madras High CourtCRL OP/35560/2025granted

Karunakaran @ Buvanenthiran, M v. State By, Inspector Of Police

2025-12-30Honourable Mr.Justice P. Dhanabal6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 30-12-2025

CORAM

THE HONOURABLE MR.JUSTICE P. DHANABAL Karunakaran @ Buvanenthiran, S/o.Murugan, No.133, Mariamman Koil Street, Anoor Village and Post, Chengalpattu District.

Petitioner(s) Vs State by, Inspector of Police Chengalpattu Taluk Police Station, Chengalpattu District.

Crime No. 784 of 2025 Respondent(s) PRAYER: The criminal original petition filed under Section 438 Cr.P.C. (482 of BNS) to enlarge the petitioner on bail in the event of arrest by the respondent police in Crime. N0.784/2025 on the file of the respondent police and thus render justice.

For Petitioner(s):

Mr.D.Thirumoorthy For Respondent(s):

Mr.S.Udaya Kumar Govt. Advocate (Crl.Side)

ORDER

The petitioner / Accused, who apprehends arrest in the hands of the respondent police for the offences punishable under Sections 8(c) and 20(b)(ii) (B) of Narcotic Drugs & Psychotropic Substances Act, 1985 (NDPS) in connection with the case in Crime No.784 of 2025, seeks anticipatory bail.

2. The case of the prosecution is that the petitioner along with other accused were found to be in possession of Ganja weighing 1.237 Kgs banned tobacco product.

3. The learned counsel for the petitioner would submits that the petitioner is a law abiding citizen and he has been falsely implicated in this case. Further, he submits that the petitioner is having permanent address and he is ready to abide any stringent conditions imposed by this Court. This is the first anticipatory bail petition, hence, he prayed to grant anticipatory bail to the petitioner.

4. Per contra, the learned Government Advocate (Criminal Side) would submit that the respondent police seized Ganja weighing 1.237kgs banned tobacco product. Based on the confession given by the first accused, the petitioner is arrayed as second accused. He further submits that co-accused is still in prison. Hence, he objected to grant anticipatory bail.

5. Heard the learned counsel for the petitioner and the learned Government Advocate (Crl.Side) for the respondent police and perused the materials available on record.

6. Considering the nature of the offence and the fact that the quantity involved in this case is not a commercial quantity, no previous case is pending against the petitioner and the petitioner was arrayed as an accused only based on the confession statement of 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 on which the order copy made ready, before the learned Judicial Magistrate -II, Chengalpattu, 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 10.30 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. [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.

30-12-2025 Index:Yes/No Speaking/Non-speaking order Internet:Yes srm/sms

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.Learned Judicial Magistrate - II, Chengalpattu.

2.The Inspector of Police Chengalpattu Taluk Police Station, Chengalpattu District.

Crime No. 784 of 2025.

3.The Public prosecutor High Court, Madras.

P.DHANABAL J.

srm/sms 30-12-2025