Pandi v. State of Tamilnadu Rep by Inspector of Police, Uthapanaickanur

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 20.02.2026 PRESENT THE HON'BLE MRS JUSTICE S.SRIMATHY CRL OP(MD)No.3679 of 2026

¶1Pandi

¶2Parvathi ... Petitioners/ Accused

Vs The State of Tamil Nadu Represented by the Inspector of Police, Uthappanaickanur Police Station, Madurai District. (Crime No.173 of 2025)

... Respondent

For Petitioners : Mr.A.Vadivel

For Respondent : Mr.S.S.Manoj Government Advocate (Crl.Side)

PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS Act 2023. PRAYER :-For Anticipato Bail in Crime No.173 of 2025 on the file of the Respondent Police. ORDER : The Court made the following order :- The petitioners/Accused, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 8(b) r/w 20(a)(i) of NDPS Act, in Crime No.173 of 2025 on the file of the respondent police, seek anticipatory bail.

¶2The case of the prosecution is that the petitioners cultivated a ganja plant in their house, which had grown to a length of 110 cm. Hence, the complaint was filed.

¶3The 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 the petitioners are ready and willing to abide by any conditions that may be imposed by this Court. Hence, he seeks anticipatory bail for the petitioners.

¶4The learned Government Advocate (Crl.Side) submitted that there are one previous case pending against the petitioners and the property has been recovered. However, he vehemently opposed to grant anticipatory bail to the petitioners.

¶5Considering the facts and circumstances of the case and also the fact that the property has been recovered, this Court is inclined to grant anticipatory bail to the petitioners, subject to 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 susm to the satisfaction of the learned Judicial Magistrate No.II, Usilampatti, within a period of fifteen days from the date on which, the order copy was made ready and on further conditions that: [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 daily at 10.30 a.m., for a period of two weeks and thereafter, 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]. [f] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of BNS. (S S Y J)

20.02.2026 msrm To

¶1The learned Judicial Magistrate No.II, Usilampatti.

2.The Inspector of Police, Uthappanaickanur Police Station, Madurai District.

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

S.SRIMATHY,J msrm

ORDER IN

20.02.2026