Shanmugavel v. State Of Tamilnadu Rep By Inspector Of Police, Pew-Madurai City

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 24.06.2026 PRESENT THE HONOURABLE MR. JUSTICE P. DHANABAL Shanmugavel

...Petitioner/Accused

Vs State of Tamil Nadu rep. by The Inspector of Police, PEW-Madurai city Madurai.

(Crime No. 229 of 2025)

...Respondent

For Petitioner : Mr.S.Kasirajan Advocate.

For Respondent : Mr.T.Lenin Kumar Counsel for State of TN (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory Bail in Cr.No. 229 of 2025 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), 22(b)(ii)(c), 25 and 29(1) of NDPS Act, 1985, in Crime No. 229 of 2025 on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that on 07.10.2025 when the respondent police were in patrol duty, they found that the other accused were in illegal possession of ganja. Based on the confession of coaccused, 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 only based on the confession, the petitioner has been arrayed as accused and the co-accused was granted bail. Hence, he prayed to grant Anticipatory Bail to the petitioner.

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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), 22(b)(ii) (c), 25 and 29(1) of NDPS Act, 1985, in Crime No. 229 of 2025. He would further submit that the petitioner has five previous cases, out of which three cases are similar in nature. He would further submit that after investigation, charge sheet was filed 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 though the quantity of contraband is commercial quantity, no contraband was recovered from this petitioner and only based on the confession, the petitioner has been arrayed as accused and also though the petitioner has five previous cases, out of which three cases are similar in nature, in all cases the petitioner was granted bail and also the coaccused was granted bail and the investigation is completed and charge 3/6

sheet was filed, I am inclined to grant anticipatory bail to the petitioner, subject to the following 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 Principal Special Court for EC and NDPS Act cases, Madurai, 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 Principal Special Court for EC and NDPS Act cases, Madurai, daily, at 10.30 a.m. and 5.00 p.m., until further orders.

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

[d] the petitioner shall not abscond either during 4/6

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) 24.06.2026 apd To 1.The Principal Special Court for EC and NDPS Act cases, Madurai.

2.The Inspector of Police, PEW-Madurai city Madurai.

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. 9602 of 2026 Date : 24.06.2026 6/6