Arunkumar @ Padaiyppa v. The State Of Tamilnadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 09/06/2026

CORAM

THE HONOURABLE MR. JUSTICE P. DHANABAL Arunkumar @ Padaiyppa ... Petitioner/Accused Rank Not Known Vs The State of Tamilnadu Rep By, The Inspector of Police, Pew-Thootukudi, Thoothukudi District.

Cr.No.30 of 2026. ... Respondent/Complainant PRAYER :- For Anticipatory bail in Cr.No.30 of 2026 on the file of the respondent police.

For Petitioner : Ashok S, Advocate.

For Respondent : Mr.N.Balasubramanian, Government Advocate (Crl.Side) 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) of NDPS Act, in Crime No.30 of 2026 on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that on 18.03.2026, on secret information, when the respondent police were in patrol duty near Puthiyathaga Kattapattu Swimming Pool area and found that A1 was in illegal possession of 2 kg of ganja. Based on his confession, the petitioner herein was arrayed as an accused. Hence, the case.

3. The learned counsel for the petitioner would submit that the petitioner is an innocent and he was falsely implicated in this case and he has no way connected in the above said incident. He would further submit that the quantity involved in this case is not a commercial quantity and no recovery was made from this petitioner and only based on the confession made by the co-accused, this petitioner was arrayed as an accused. Hence, he prays to grant anticipatory bail to the petitioner.

4. The learned Government Advocate (Crl. Side) would submit that the accused was found in illegal possession of 2 kg of ganja and the 2/6

investigation is still pending and the petitioner has 2 previous cases and among them, one is NDPS case, which was already disposed of and another one is IPC case, which is pending. 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 nature of offences charged against the petitioner, and the quantity involved in this case is not a commercial quantity and even according to the prosecution, the alleged recovery was made from A1 and this petitioner was arrayed as an accused based on the confession statement of A1 and though the prosecution stated that the petitioner has 2 previous cases, one NDPS case was already disposed of and one IPC case is pending and in that case also, he was released on bail, 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 appearance, within a period of fifteen days from the date on which the 3/6

order copy made ready, before the learned Judicial Magistrate.III, Thoothukudi, 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 respondent police, daily 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 4/6

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.

09.06.2026 dss To 1.The Judicial Magistrate.III, Thoothukudi.

2.The Inspector of Police, PEW-Thootukudi, Thoothukudi District.

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

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P. DHANABAL,J DSS

ORDER

IN CRL OP(MD) No.10529 of 2026 Date : 09/06/2026 6/6