Gowtham Prabakaran v. State of Tamilnadu Rep by Inspector of Police, Kurisilapet

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 19/06/2026 CORAM THE HONOURABLE MR. JUSTICE P. DHANABAL Gowtham Prabakaran ... Petitioner/Accused No.6 Vs State of Tamilnadu Rep by, The Inspector of Police, Muthaiahpuram Police Station, Thoothukudi District. Crime No. 506/2026. ... Respondent/Complainant PRAYER :-For Anticipatory Bail in Crime No. 506 of 2026 on the file of the respondent Police. For Petitioner : S.Suresh Manickam, Advocate. For Respondent : Mr.N.Balasubramanian, Counsel For State of TN (Crl.Side) ORDER : The Court made the following order :-

The petitioner, who apprehends arrest at the hands of the respondent for the offences punishable under Sections 8(c) r/w 20(b)(ii)

(B) and 29(1) of Narcotic Drugs and Psychotropic Substances Act, in Crime No.506 of 2026 on the file of the respondent police, seeks anticipatory bail.

¶2The case of the prosecution is that the accused were found in illegal joint possession of 3.300 kg of ganja. Hence, the case.

¶3The learned counsel for the petitioner would submit that the petitioner is an innocent and he was falsely implicated in this case and he has no way connected in the above said incident. He would further submit that no recovery was made from this petitioner and the contraband involved in this case is not a commercial quantity. Hence, he prays to grant anticipatory bail to the petitioner.

¶4The learned Government Advocate (Crl. Side) would submit that the offence committed by the accused is grave in nature and the investigation is still pending. Hence, he opposes to grant anticipatory bail to the petitioner. He would further submit that the petitioner has 9 previous cases and among them, 1 case is similar in nature.

¶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 contraband involved in this case is not a commercial quantity and no contraband was recovered from the petitioner and the entire contraband was recovered from the other accused and though the prosecution stated that the petitioner has 9 previous cases including one NDPS case, in those case, he was released on bail, 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 his appearance, within a period of fifteen days from the date on which the order copy made ready, before the learned Judicial Magistrate Court No.II, Thoothukudi, 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 until further orders. [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.

19.06.2026 dss

To

1.The Judicial Magistrate Court No.II, Thoothukudi.

2.The Inspector of Police, Muthaiahpuram Police Station, Thoothukudi District.

3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. P. DHANABAL,J DSS ORDER IN CRL OP(MD) No.11418 of 2026 Date : 19/06/2026