Subash v. State Of Tamilnadu Rep By Inspector Of Police, Thalaiyuthu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 05.01.2026 PRESENT THE HONOURABLE MRS. JUSTICE S.SRIMATHY Subash ... Petitioner/Accused Vs The State of Tamil Nadu Rep.By, the Inspector of Police, Thalaiyuthu Police Station, Tirunelveli District.

(Crime No.665 of 2025) ... Respondent/Complainant For Petitioner : Mr.V.M.Jegadeesha Pandian Advocate.

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.665 of 2025 on the file of the Respondent Police.

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ORDER : The Court made the following order :- The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 296(b), 132, 351(3) of BNS (294(b), 353, 506(2) of IPC) r/w Section 8(c ), 20(b) (jj)(A) & 4(1)(C ) of NDPS Act , in Crime No.665 of 2025 on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that the petitioner along with other accused persons were found in illegal possession of 250 grams of Ganja and the same was seized by the respondent police. Further, the petitioner along with other accused persons had abused the police officials and threatened them with dire consequences. Hence, the complaint.

3. The learned counsel for the petitioner submitted that the petitioner is an innocent person and he has not committed any offences as alleged by the prosecution. He further submitted that co-accused had already been granted anticipatory bail by the trial Court on 20.11.2025 in Cr.MP.No.5049 of 2025. He further submitted that the petitioner is ready 2/7

and willing to abide by any conditions which may be imposed by this Court. Hence, he seeks anticipatory bail to the petitioner.

4. The learned Government Advocate (Criminal Side) submitted that there are 15 previous cases pending against the petitioner and he is a history sheeter and the property has been recovered. However, he opposed for grant of anticipatory bail to the petitioner.

5. Considering the facts and circumstances of the case and also the fact that the quantity of the contraband is not commercial and the property has been recovered, this Court is inclined to grant anticipatory bail to the petitioner, subject to certain conditions. 6.Accordingly, 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 Judicial Magistrate Court -III, Tirunelveli, within a period of fifteen days from the date on which the order copy was made ready and on 3/7

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 do social service at the Government Hospital, Madurai, for a period of one month and thereafter, the petitioner shall report before the Inspector of Police, Thallakulam Police Station, Madurai, daily at 10.30 a.m., until further orders;

[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.

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[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.

7. Post the matter for reporting compliance on 19.02.2026.

(S S Y J) 05.01.2026 msrm Note : Issue order copy on 05.01.2026 5/7

To 1.The Judicial Magistrate Court -III, Tirunelveli.

2. The Dean Government Hospital Madurai.

3.The Inspector of Police, Thalaiyuthu Police Station, Tirunelveli District.

4. The Inspector of Police, Thallakulam Police Station, Madurai.

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

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S.SRIMATHY,J msrm

ORDER

IN 05.01.2026 7/7