Citation : 2026 Latest Caselaw 2311 Mad
Judgement Date : 6 May, 2026
Crl.O.P.No.11650 of 2026
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 06.05.2026
CORAM
THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI
CRL.O.P.No.11650 of 2026
Aravindhan @ Aravindha ... Petitioner
Versus
The State rep by,
The Inspector of Police,
T-12 Poonamalle Police Station,
Chennai.
(Crime No.185 of 2026) .. Respondent
Prayer:- Criminal Original Petition filed under Section 482 of BNSS Act, to
enlarge the petitioner on anticipatory bail in the event of his arrest by the
respondent police pending investigation in Crime No.185 of 2026 on the file of
the respondent police.
For Petitioner : Mr.C.Raja
For Respondent : A.Damodaran
Additional Public Prosecutor
1/6
https://www.mhc.tn.gov.in/judis
Crl.O.P.No.11650 of 2026
ORDER
The petitioner, apprehends arrest for the alleged offences under Section
8(c), 20(b)(ii)(B), 22(b) of NDPS Act, in Crime No.185 of 2026, on the file of the
respondent police, seek anticipatory bail.
2. The case of the prosecution is that the petitioner was found in possession
of 1.25 kgs of ganja Hence, the complaint.
3.The learned counsel appearing for the petitioner would submit that the
petitioner is an innocent person and he has been falsely implicated in this case. He
further submitted that the petitioner is ready to abide by any stringent condition
that may be imposed by this Court. Hence, he prays to grant anticipatory bail to
the petitioner.
4.The learned Government Advocate (Criminal Side) appearing for the
respondent police would submit that the contraband involved in this case is a
commercial quantiy. However, he opposed to grant anticipatory bail to the
petitioner.
https://www.mhc.tn.gov.in/judis
5.Taking into consideration the facts and circumstances of the case and also
considering the submissions made on either side and upon the fact that the
contraband involved in this case is an intermediate quantity, this Court is inclined
to grant anticipatory bail to the petitioner with certain conditions.
6. Accordingly, the petitioner is ordered to be released on bail in the event
of arrest or on their appearance, within a period of fifteen (15) days from the date
of receipt of a copy of this order, before the II Judicial Magistrate Court,
Poonamalle, Chennai on condition that the petitioner shall execute a bond for a
sum of Rs.25,000/- (Rupees Twenty Five Thousand Only), with two sureties,
each for a like sum to the satisfaction of the respondent police or the police officer
who intends to arrest or to the satisfaction of the learned Magistrate concerned and
on further condition that:
[a] the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the Magistrate may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity;
[b] the petitioner shall report before the respondent Police, everyday at 10.30 a.m., for a period of one month and thereafter, as and when required for further interrogation;
[c] the petitioner shall not abscond either during investigation or trial;
https://www.mhc.tn.gov.in/judis
[d] the petitioner shall not tamper with evidence or witness 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 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];
[f] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S.
06.05.2026
sma/rpl
Note :
1. Registry is directed to forthwith upload this order in the Official Website of this Court.
2. All concerned to act on this order being uploaded in Official Website of this Court without insisting on certified hard copies. To be noted, this order when uploaded in the official website of this Court will be watermarked and will also have a QR code.
https://www.mhc.tn.gov.in/judis
To
1. Judicial Magistrate, Poonamalle, Chennai.
2. The Inspector of Police, T-12 Poonamalle Police Station, Chennai.
3. The Public Prosecutor, High Court of Madras.
https://www.mhc.tn.gov.in/judis
L.VICTORIA GOWRI, J.
Sma/rpl
06.05.2026
https://www.mhc.tn.gov.in/judis
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