Loganathan G v. State Rep by the Inspector of Police

O R D E R The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 123 and 278 of the Bharatiya Nyaya Sanhita, 2023, r/w. Section 77 of Juvenile Justice (Care and Protection of Children) Act, 2015, in Crime No.205 of 2026 on the file of the respondent police, seeks anticipatory bail.

¶2The case of the prosecution is that on 19.06.2026, on conducting search, the respondent Police recovered 260 Tapentadol Tablets (Lenydol), two syringes and a sum of Rs.900/- from the accused persons. Hence, the case.

¶3The learned counsel for the petitioner submitted that the petitioner is an innocent person and that he has not committed any offence as alleged by the prosecution. He further submitted that the petitioner is not a named accused. Hence, he prayed to grant anticipatory bail to the petitioner.

¶4The learned Government Advocate (Crl. Side) appearing for the respondent police reiterated the prosecution case and, submitted that the petitioner has one previous case but not of similar in nature and the same is of IPC offence. It is also fairly submitted that the petitioner has been implicated in this case based on the confession statement of the co-accused. However, he opposed the grant of anticipatory bail to the petitioner.

¶5Taking into consideration the totality of the circumstances, and the fact that the occurrence took place on 19.06.2026 and that the petitioner has been implicated in this case based on the confession statement of the co-accused, this Court is of the firm view that, custodial interrogation of the petitioner is not required. Hence, this Court is inclined to enlarge the petitioner on anticipatory bail, subject to certain conditions.

¶6Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on her appearance, within a period of fifteen (15) days from the date on which the order copy is made ready, before the learned Judicial Magistrate, Salem, 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 learned Magistrate concerned, and on further conditions:

(a) If the petitioner fails to surrender before the concerned learned Magistrate within a period of fifteen (15) days from the date of receipt of a copy of this order, this order shall stand automatically cancelled;

(b) The sureties shall affix their photographs and left thumb impression in the application for surety ship (Judicial Form No.46 annexed to 'The Criminal Rules of Practice, 2019]'. The learned Magistrate shall obtain a copy of any one of identify proofs to ensure their identity;

(c) The petitioner shall report before the respondent Police, twice a day at 10.30 a.m. and 05.30 p.m., until further orders;

(d) On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate actions against the petitioner in accordance with law as if the conditions have been imposed and the petitioner released on anticipatory bail by the learned Magistrate/Trial Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji v. State of Kerala [(2005) AIR SCW 5560];

(e) If the petitioner thereafter absconds, a fresh FIR can be registered under Section 269 of BNS Act.

13.07.2026

ssb To

1.The Judicial Magistrate, Salem.

2.The Inspector of Police, Ammapet Police Station, Salem city.

3.The Public Prosecutor, High Court of Madras.

C.KUMARAPPAN, J. ssb

13.07.2026

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 13.07.2026 CORAM THE HONOURABLE MR. JUSTICE C.KUMARAPPAN Loganathan ... Petitioner Vs. The State of Tamil Nadu, represented by, The Inspector of Police, Ammapet Police Station, Salem city. (Crime No.205 of 2026) ... Respondent PRAYER: Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, praying to enlarge the petitioner on anticipatory bail in the event of his arrest in Crime No.205 of 2026 pending investigation on the file of the respondent police. For Petitioner : Mr.K.A.M.Jagadish Kumar For Respondent : Mr.N.Palanivel Government Advocate (Crl.Side)