Barakath Nisha v. The State of Tamilnadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 04/06/2026 PRESENT The HONOURABLE MR. JUSTICE P. DHANABAL Barakath Nisha, W/o.Abdullasha, No.3a, Mela Krishnan Kovil Street, Kajapettai, Thiruchirappalli City.. ... Petitioner/Accused No.2 Vs The State of Tamilnadu Rep By, The Inspector of Police, Palakkarai Police Station, Trichy. Cr.No.78 of 2026.. ... Respondent/Complainant For Petitioner : Mr.Ramakrishnan S, Advocate. For Respondent : Mr.N.Balasubramanian, Counsel for State of TN (Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- C-38AB.For Anticipatory Bail in Cr.No.78 of 2026 on the file of the respondent police. ORDER : The Court made the following order :- The petitioner/A2, who apprehends arrest at the hands of the respondent for the offences punishable under Sections 123 and 278 of BNS, 2023, in Crime No.78 of 2026 on the file of the respondent police, seeks anticipatory bail.

¶2The case of the prosecution is that on

19.04.2026 at about 9.30 a.m, the respondent Police conducted the usual ride, at that time, they found that the petitioner and other accused persons were in illegal possession of tepantadol tablets and salain water for inject to the customers. Hence, the case.

¶3The learned counsel for the petitioner would submit that the petitioner is an innocent person and she was falsely implicated in this case and she is no way connected in the above said incident. He would further submit that based on the confession of A1, the petitioner has been arrayed as accused and the entire contraband was recovered from A1 and A1 was arrested and released on bail by the trial Court. Hence, he prays to grant anticipatory bail to the petitioner.

¶4The learned counsel for State of Tamilnadu (Crl. Side) appearing for the respondent Police would submit that the investigation is still pending and the offences are grave in nature. He would further submit that the petitioner has six previous cases. Hence, he opposes to grant anticipatory bail to the petitioner.

¶5Heard both sides and perused the materials available on record.

¶6Considering the rival submissions on either side and the nature of offences charged against the petitioner and the quantity of the contraband involved in this case, and also considering the fact that based on the confession of the co-accused the petitioner has been arrayed as accused and no contraband was recovered from this petitioner and the entire contraband was recovered from A1 only and though the petitioner has some previous cases, the same are not similar kind of offences and in all cases, she was released on bail and the material part of the investigation might have been completed and hence, I am inclined to grant anticipatory bail to the petitioner, subject to the following conditions: [a] Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on her appearance, within a period of fifteen days from the date on which the order copy made ready, before the learned Judicial Magistrate Court No.V, Tiruchirappalli, 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 learned Judicial Magistrate concerned and on further conditions that: [b] the petitioner shall report before the respondent police daily at

10.30 a.m., for a period of 30 days and thereafter, as and when required for interrogation. [c] the petitioner shall not commit any offences of similar nature. [d] the petitioner shall not abscond either during investigation or trial. [e] the petitioner shall not tamper with evidence or witness either during investigation or trial. [f] On breach of any of the aforesaid conditions,

the

learned

Judicial 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]. [g] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 B.N.S. (P D B J)

04.06.2026 VSG TO

1.The learned Judicial Magistrate Court No.V, Tiruchirappalli.

2.The Inspector of Police, Palakkarai Police Station, Trichy.

¶3The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. CRLeOP(MD).eNo.10113eofe2026 eeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeP.eDHANABAL,J., eeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeevsge eeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeORDER eeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeIN eeeeeeeeeeeeeeeeeeeeeeCRLeOP(MD)eNo.10113eofe2026 eeeeeeeeeeeeeeeeeeeeeeeeeeeeeeDateee:e04/06/2026