Sathish Kumar v. State of Tamilnadu Rep by Inspector of Police, Pew-Madurai City

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 27.01.2026 PRESENT The HONOURABLE MRS. JUSTICE S.SRIMATHY N.Sathish Kumar ... Petitioner/Accused

Vs State of Tamilnadu Rep by, The Inspector of Police, PEW, Madurai City Police Station, Madurai District. (Crime No.266 of 2025). ... Respondent/Complainant For Petitioner : Mr.K.Balaji

For Respondent : Mr.E.Antony Sahaya Prabahar, Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory Bail in Crime No.266 of 2025 on the file of the respondent Police. ORDER : The Court made the following order :- The petitioner/Accused, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 8(c) r/w. 20(b)(ii)(B), 25 and 29(1) of Narcotic Drugs and Psychotropic Substance Act, 1985 , in Crime No.266 of 2025, seeks anticipatory bail.

¶2The case of the prosecution is that the petitioner along with other accused was found in illegal possession of 3 kilogram of ganja. Hence, the complaint.

¶3The learned counsel appearing for the petitioner submitted that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution. Hence, he prays for grant of anticipatory bail to the petitioner.

¶4The learned Additional Public Prosecutor appearing for the respondent Police submitted that the petitioner was found in illegal possession of 3 kilogram of ganja. He further submitted that 14 previous cases are pending against the petitioner. Therefore, he opposed for grant of anticipatory bail to the petitioner.

¶5Taking into consideration the fact that even though 14 previous cases are pending against the petitioner, the present case involves only an intermediate quantity, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.

¶6Accordingly, this Petition is allowed and the petitioner is ordered to be released on bail in the event of arrest or his appearance, within a period of fifteen days from the date on which the order copy made ready, before the learned Special Principal District and Sessions Judge for EC and NDPS Act Cases, Madurai, 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 respondent Police or to the Police Officer, who intends to arrest or to the satisfaction of the learned Magistrate concerned and on 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 Aadhar card or Bank pass Book to ensure their identity;

(b) the petitioner shall report before the respondent police daily at 10.30 a.m., until further orders;

(c) the petitioner shall not tamper with evidence or witness either during investigation or trial;

(d) the petitioner 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 petitioner in accordance with law as if the conditions have been imposed and the petitioners 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]; and;

(f) if the accused thereafter abscond, a fresh FIR can be registered under Section 269 of BNS 2023. (S S Y J)

27.01.2026 jbr TO

¶1The Special Principal District and Sessions Court for EC and NDPS Act Cases, Madurai.

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

¶3The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. S.SRIMATHY,J jbr ORDER IN CRL OP(MD) No.1438 of 2026 Date : 27.01.2026