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Madras High CourtCRL OP(MD)/17327/2025granted

Sanjay v. The State Of Tamilnadu

2026-02-06Honourable Mrs Justice S.Srimathy6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 06.02.2026 PRESENT THE HONOURABLE MRS. JUSTICE S.SRIMATHY 1.Sanjay

2. Sivamani ... Petitioners/ Accused Vs The State of Tamilnadu Rep by the Inspector of Police, PEW Madurai City Police Station, Madurai District.

(Crime No.228 of 2025) ... Respondent/Complainant For Petitioners : Mr.K.Sivabalan M/s.Aran Legal Consultant For Respondent : Mr.S.S.Manoj Government Advocate (Crl.side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory Bail in Crime No.228 of 2025 on the file of the respondent police.

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ORDER : The Court made the following order :- The petitioners/Accused, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 8(c), 21(c) & 29(1) of NDPS Act, 1985, in Crime No.228 of 2025 on the file of the respondent police, seek anticipatory bail.

2. The prosecution's case is that the first accused was found in possession of 1,000 tablets of Entol 100 mg without a valid prescription, as well as a Vivo A78 mobile phone without any supporting documents. Hence, the complaint has been filed.

3. The learned counsel for the petitioners submitted that the petitioners are innocent persons and they have not committed any offence as alleged by the prosecution. He further submitted that based on the confession of A1, the petitioners were falsely implicated in this case. He further submitted that the petitioners have co-operated with the investigation and they are ready and willing to abide by any conditions that may be imposed by this Court. Hence, he seeks anticipatory bail for the petitioners.

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4. The learned Government Advocate (Crl.Side) submitted that the petitioners have complied with the conditions imposed by this Court dated 10.10.2025.

5. Considering the facts and circumstances of the case, and since the petitioners have complied with the conditions imposed by this Court vide order dated 10.10.2025, and further considering that the possession of the tablets does not fall within the ambit of the NDPS Act, this Court is inclined to grant anticipatory bail to the petitioners, with certain conditions.

6.Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance, on condition that each of the petitioner shall execute a separate 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 Principal Special Court for NDPS Cases, Madurai, within a period of fifteen days from the date on which the order copy wa made ready and on further conditions that: 3/6

[a]the petitioners 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 petitioners shall report before the respondent police as and when required for interrogation.

[c]the petitioners shall not tamper with the evidence or witness either during investigation or trial. [d]the petitioners 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 petitioners in accordance with law as if the conditions have been imposed and the petitioners are 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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[f] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of BNS.

(S S Y J) 06.02.2026 (1/2) msrm To 1.The learned Principal Special Court for NDPS Cases, Madurai.

2.The Inspector of Police, PEW Madurai City Police Station, Madurai District.

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

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S.SRIMATHY,J msrm

ORDER

IN 06.02.2026 (1/2) 6/6