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Madras High CourtCRL OP(MD)/8459/2026granted

P.Muthukrishnan v. State Of Tamilnadu Rep By Inspector Of Police, Nathampatti

2026-06-11Honourable Mr. Justice P.Dhanabal6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 11.06.2026 PRESENT THE HONOURABLE MR. JUSTICE P. DHANABAL P.Muthukrishnan

...Petitioner/Accused

Vs State of Tamil Nadu rep. by The Inspector of Police, Nathampatti Police Station, Virudhunagar.

(Crime No. 75 of 2026)

...Respondent

For Petitioner : Mr.M.Viji Advocate.

For Respondent : Mr.N.Balasubramanian Counsel for State of TN (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory Bail in Cr.No. 75 of 2026 on the file of the respondent police.

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) and 25 of the NDPS Act, 1985 in Crime No. 75 of 2026 on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that on 17.04.2026 at about 6.00 a.m., based on the secret information, when the respondent police were in patrol duty, they found that the other petitioners were in illegal possession of 1.5 kgs of ganja. Based on the confession of co-accused, the petitioner has been arrayed as accused. Hence, the case.

3. The learned counsel for the petitioner would submit that the petitioner is innocent and he was falsely implicated in this case and he is no way connected in the above said incident. He has not committed any offence as alleged by the prosecution. He would further submit that no contraband was recovered from this petitioner and based on the confession of the co-accused only, the petitioner has been arrayed as accused. Hence, he prayed to grant Anticipatory Bail to the petitioner. 2/6

4. The learned Counsel for State of TN (Crl.Side) would submit that based on the complaint given by the defacto complainant, a case has been registered for the offences punishable under Sections 8(c), 20(b)(ii) (B) and 25 of the NDPS Act, 1985 in Crime No. 75 of 2026. He would further submit that the petitioner has four previous cases, which are similar in nature. He would further submit that the investigation is pending and the offences are grave in nature and hence, he opposed to grant anticipatory bail to the petitioner.

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

6. Considering the rival submissions made on either side and the nature of offences charged against the petitioner, and considering the facts that quantity of contraband involved in this case is not a commercial quantity and no contraband was recovered from this petitioner and based on the confession of the co-accused only, the petitioner has been arrayed as accused and though the petitioner has four previous cases, in all cases the petitioner was granted bail, 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/her appearance, within a period of fifteen days from the date on which the order copy made ready, before the learned District Munsif cum Judicial Magistrate, Watrap, Virudhunagar, 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 learned District Session cum Judicial Magistrate, Watrap, Virudhunagar, daily at 10.30 a.m. till filing of charge sheet;

[c] the petitioner shall not commit any offences of similar nature.

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

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[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) 11.06.2026 apd To 1.The District Munsif cum Judicial Magistrate, Watrap, Virudhunagar.

2.The Inspector of Police, Nathampatti Police Station, Virudhunagar.

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

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P. DHANABAL, J apd

ORDER

IN CRL OP(MD) No. 8459 of 2026 Date : 11.06.2026 6/6