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Madras High CourtCRL OP(MD)/8295/2026granted

Basavaraj Kannal @ Basavaraj Siddanna Kannal v. State Of Tamilnadu Rep By The Sub Inspector Of Police, Pavoorchatram

2026-04-27Honourable Mr. Justice P.Dhanabal6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 27.04.2026 PRESENT THE HONOURABLE MR. JUSTICE P. DHANABAL Basavaraj Kannal @ Basavaraj Siddanna Kannal

...Petitioner

Vs State of Tamil Nadu rep. by The Inspector of Police, Pavoorchatram Police Station, Tenkasi District (Crime No. 529 of 2025 )

...Respondent

For Petitioner : Mr.J.Jeyaaraon Raja For Respondent : Mr.B.Nambiselvan Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory Bail in Cr.No. 529 of 2025 on the file of the respondent police.

ORDER : The Court made the following order :- 1/6

The petitioner/A3, who apprehends arrest at the hands of the respondent for the offences punishable under Sections 123 of BNSS and Section 24(1) of COTPA Act and Section 8(c)r/w.20(b)(ii)(B) of NDPS Act in Crime No. 529 of 2025 on the file of the respondent police, seek anticipatory bail.

2. The case of the prosecution is that the petitioner along with other accused were found in illegal possession of 60 packets of Ganesh 701 tobacco, 1.5kgs of ganja and Rs.1,10,000/-. Hence, the case.

3. The learned counsel for the petitioner submits that the petitioner is innocent and he has been falsely implicated in this case and he has not committed any offence as alleged by the prosecution. He would further submit that the contraband involved in this case is not a commercial quantity and no contraband was recovered from this petitioner and entire contraband was recovered from other accused and no previous case is pending against the petitioner. Hence, he prays to grant anticipatory bail to the petitioner.

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4. The learned Additional Public Prosecutor would submit that the petitioner along with other accused were found in illegal possession of 60 packets of Ganesh 701 tobacco, 1.5kgs of ganja and Rs.1,10,000/-. Investigation is pending and five similar cases are pending against the petitioner. Hence, he opposes 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 and the considering the fact that the contraband involved in this case is not a commercial quantity and no contraband was recovered from this petitioner and the entire contraband was recovered from other accused who were released on bail and no previous case is pending against the petitioner this Court is inclined to grant anticipatory bail to the petitioner, subject to the following conditions:

[a] Accordingly, the petitioner is ordered to be released on anticipatory bail on condition to 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 Principal Special Court for EC and NDPS Act Cases, Madurai and on further conditions that: 3/6

[b] the petitioner shall report before the Principal Special Court for EC and NDPS Act Cases, Madurai on all working days 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 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.

(P D B J) 27.04.2026 aav 4/6

To

1. The Principal Special Court for EC and NDPS Act Cases, Madurai 2.The Inspector of Police, Pavoorchatram Police Station, Tenkasi District 3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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P. DHANABAL, J aav

ORDER

IN CRL OP(MD) No.8295 of 2026 Date : 27.04.2026 6/6