Rakku v. The State Of Tamilnadu Rep By The Inspector Of Police, Srivilliputhur Town

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 12/06/2026 PRESENT The HONOURABLE MR. JUSTICE P. DHANABAL Rakku, W/o.Muniyandi, 48, Ayyampatti Street, Sriviliiputhur, Virudhunagar District..

... Petitioner/Accused No.2 Vs The State of Tamilnadu Rep BY, The Inspector of Police, Srivilliputhur Town Police Station, Virudhunagar District.

(In Crime No.255 of 2026).

... Respondent/Complainant For Petitioner : Mr.R.Ragavendran, Advocate.

For Respondent : Mr.N.Balasubramanian, Counsel for State of TN (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- C-32AB. For Anticipatory Bail in Crime No.

255 of 2026 on the file of the respondent Police. 1/8

ORDER : The Court made the following order :- The petitioner/A2, who apprehends arrest at the hands of the respondent for the offences punishable under Sections 8(C) and 20(b)(ii)(A), of NDPS Act, 1985, and Section 77 of Juvenile Justice (Care and Protection of Children) Act, 2015, in Crime No.255 of 2026 on the file of the respondent police, seeks anticipatory bail.

2.The case of the prosecution is that on 22.05.2026, at about 08.00 a.m., based on the secret information received by the respondent in respect of the transportation of the ganja, the respondent Police conducted vehicle check up and found that the other accused persons were in illegal possession of 50 grams of contraband in a bag. Hence, the case.

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3. The learned counsel for the petitioner would contend that the respondent police have registered a false case against the petitioner and others for the offences punishable under Sections 8(C) and 20(b)(ii)(A), of NDPS Act, 1985, and Section 77 of Juvenile Justice (Care and Protection of Children) Act, 2015. The petitioner is an innocent and he is nothing to do with the alleged offences. He would further contend that the no contraband was recovered from the petitioner and based on the confession of coaccused, he has been arrayed as A2. Hence, he prays to grant anticipatory bail to the petitioner.

4. The learned Counsel for the State of TN (Crl. Side) appearing for the respondent Police would submit that the accused was found in illegal possession of 50 gms of Ganja. He would further submit that the petitioner has 9 previous 3/8

cases. He would further submit that the investigation is still pending and the offences are grave in nature. However, 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 of the materials involved in this case is not a commercial quantity and no contraband was recovered from the petitioner and based on the confession of Co-accused, he has been arrayed as A2 and though the petitioner has nine previous cases, in all cases the petitioner was granted bail, I am inclined to grant anticipatory bail to the petitioner, subject to the following conditions:

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[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 order copy made ready, before the learned Judicial Magistrate No.II, Srivilliputhur, 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 Inspector of Police, Sankaranakovil Police Station, Sankarankovil, daily at 10.30 a.m., until further orders.

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[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 tamp er 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].

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[g] If the accused/petitioner thereafter absconds, a fresh FIR can be registered under Section 269 B.N.S.

(P D B J) 12.06.2026 VSG TO 1.The learned Judicial Magistrate No.II, Srivilliputhur.

2.The Inspector of Police, Sankaranakovil Police Station, Sankarankovil.

3.The Inspector of Police, Srivilliputhur Town Police Station, Virudhunagar District.

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

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P. DHANABAL,J., vsg

ORDER

IN CRL OP(MD) No.10989 of 2026 Date : 12/06/2026 8/8