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Madras High CourtCRL OP(MD)/7825/2026granted

Deepak Bindre v. The State Of Tamil Nadu

2026-06-03Honourable Mr. Justice P.Dhanabal6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 03/06/2026

CORAM

THE HONOURABLE MR. JUSTICE P. DHANABAL Deepak Bindr ... Petitioner/Accused No.1 Vs The State of Tamil Nadu Rep By, The Inspector of Police, Prohibition Enforcement Wing, Nagercoil, Kanyakumari District.

Cr.No.53 of 2026. ... Respondent/Complainant PRAYER :- For Anticipatory Bail in Cr.No.53 of 2026 on the file of the respondent police.

For Petitioner : B.Micheal Sebastin, Advocate.

For Respondent : Mr.N.Balasubramanian, Government Advocate (Crl.Side) ORDER : The Court made the following order :- 1/6

The petitioner, who apprehends arrest at the hands of the respondent for the offences punishable under Sections 8(C), 20(b)(ii)(B), 25 and 29(1) of NDPS Act (Narcotic Drugs and Psychotropic Substance ACt), in Crime No.53 of 2026 on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that on 11.04.2026, when the respondent police were on patrol duty at Anandha Nada Bridge, near North Konnam, they found the petitioner and another person moving in a suspicious manner. Hence, they intercepted them and found illegal possession of 2.45 kg of ganja. Hence, the case.

3. The learned counsel for the petitioner would submit that the petitioner is an innocent and he was falsely implicated in this case and he has no way connected in the above said incident. He would further submit that the quantity involved in this case is not a commercial quantity and no recovery was made from the petitioner and the co-accused (A2) was already released on bail by this Court in Crl.OP(MD)No.9493 of 2026 dated 20.05.2026. Hence, he prays to grant 2/6

anticipatory bail to the petitioner.

4. The learned Government Advocate (Crl. Side) would submit that the petitioner along with another accused found in illegal possession of 2.45 kg of ganja and the investigation is still pending and the petitioner has 1 previous case similar in nature. Hence, he opposes to grant anticipatory bail to the petitioner. He would further submit that the co-accused was already released on bail by this Court.

5. Heard both sides and perused the materials available on record.

6. Considering the rival submissions on either side and the nature of offences charged against the petitioner, and the quantity involved in this case is not a commercial quantity and the petitioner was arrayed as accused only based on the confession of the co-accused and no contraband was recovered from the petitioner and the co-accused was already released on bail by this Court and though the petitioner has 1 previous case, he was released on bail in that case, I am inclined to grant anticipatory bail to the petitioner, subject to the following 3/6

conditions:

[a] 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 No.1, Nagercoil, Kanyakumari District, 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 learned Judicial Magistrate concerned and on further conditions that: [b] the petitioner shall report before the respondent police, daily at 10.30 a.m until further orders. [c] the petitioner shall not commit any offences of similar nature.

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

[e] the petitioner shall not tamper with evidence or witness either during investigation or trial. [f] On breach of any of the aforesaid conditions, the learned Judicial Magistrate/Trial Court is entitled to take 4/6

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 accused thereafter absconds, a fresh FIR can be registered under Section 269 B.N.S.

03.06.2026 dss To 1.The Judicial Magistrate No.1, Nagercoil, Kanyakumari District.

2.The Inspector of Police, Prohibition Enforcement Wing, Nagercoil, Kanyakumari District.

3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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P. DHANABAL,J DSS

ORDER

IN CRL OP(MD) No.7825 of 2026 Date : 03/06/2026 6/6