Balakrishnan v. State Of Tamilnadu Rep By Inspector Of Police, Panagudi

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 06/05/2026

CORAM

THE HONOURABLE MRS. JUSTICE S.SRIMATHY Balakrishnan, ... Petitioner Vs.

State of Tamilnadu Rep by Inspector of Police, Panagudi, Police Station, Tirunelveli District, Crime No.459/2026.

... Respondent Petition filed under Section 482 BNSS/438 Cr.P.C. PRAYER :- For Anticipatory Bail in Crime No.459/2026 on the file of the respondent police.

For Petitioner : Mr.N. Balasubramanian, Advocate.

For Respondent : Mr.E.Antony Sahaya Prabahar, Additional Public Prosecutor

ORDER

The petitioner, who apprehends arrest at the hands of the respondent for the offences punishable under Section 8(c) r/w. Section 20(b), 2(a) of NDPS Act and Section 77 of Juvenile Justice Act, 1/6

in Crime No.459 of 2026, on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that on 09.04.2026, on secret information, the respondent police to went to the spot and found that the accused persons are in possession of 500 grams of ganja illegally. Hence, the case.

3. The learned counsel for the petitioner submits 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. Hence, he prays to grant Anticipatory Bail to the petitioner.

4. The learned Additional Public Prosecutor would submit that the offences are grave in nature and the investigation is in preliminarly stage, hence, he vehemently opposed the grant of anticipatory bail to the petitioner.

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5. Considering the rival submissions on either side and considering the fact that the the contraband is not a commercial quantity, this Court is inclined to grant bail to the petitioner, subject to certain conditions. 6.Accordingly, this Petition is allowed and the petitioner is ordered to be released on bail in the event of arrest or on his appearance, 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 Judicial Magistrate, Valliyoor, Tirunelveli District, within a period of fifteen days from the date of receipt of a copy of this order 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 Aadhaar 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. 3/6

[c]the petitioner shall not tamper with the 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 is 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 absconds, a fresh FIR can be registered under Section 269 of BNS.

06.05.2026 LS 4/6

TO

1. The Judicial Magistrate, Valliyoor, Tirunelveli District.

2.The Inspector of Police, Panagudi, Police Station, Tirunelveli District.

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

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S.SRIMATHY,J LS

ORDER

IN CRL OP(MD) No.9212 of 2026 Date : 06/05/2026 6/6