R.Sivamanikandan v. State Of Tamilnadu Rep By Inspector Of Police, Thiruppuvanam

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

CORAM

THE HONOURABLE MRS. JUSTICE S.SRIMATHY R.Sivamanikandan, ... Petitioner Vs.

State of Tamilnadu Rep by Inspector of Police, Thiruppuvanam, Police Station, Sivagangai District.

Crime No.19 of 2026.

... Respondent Petition filed under Section 482 BNSS/438 Cr.P.C. PRAYER :- . For Anticipatory Bail in Cr.No.19 of 2026 on the file of the Respondent Police.

For Petitioner : M/s.Gurudass M, 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 Sections 8(c), 20(b), (ii)(B) and 29(1) of NDPS Act, in Crime No.19 of 2026, on the file of the respondent police, seeks anticipatory bail.

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2. The case of the prosecution is that on 19.01.2026, on secret information, the respondent police to went to the spot and found that the accused persons are in possession of 2.1 kgs 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 petitioner is having eight previous case, which are all BNS offences and not similar in nature. This is the second anticipatory bail application filed by the petitioner. The earlier anticipatory bail application was dismissed as withdrawn on 26.03.2026. in Crl.O.P.(MD)No.5441 of 2026. Hence, he vehemently opposed the grant of anticipatory bail to the petitioner. 2/6

5. Considering the rival submissions on either side and considering the fact that the previous cases against the petitioner are all other offences and that 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 Special Judge for Essential Commodities and NDPS Act Cases, Pudukottai, 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 Special Judge for Essential Commodities and NDPS Act Cases, Pudukottai 2.The Inspector of Police, Thiruppuvanam Police Station, Sivagangai 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.9343 of 2026 Date : 06/05/2026 6/6