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2026 DAILYLAW 35666 (MAD)

G. Nagaraj v. The State Rep By, The Inspector of Police

CRL OP/14450/2026 · 2026-06-09

C Kumarappan

Transfer Petitionbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

CRL OP No. 14450 of 2026 __________ Page1 of 6 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 09-06-2026 CORAM THE HON'BLE MR. JUSTICE C.KUMARAPPAN CRL OP No. 14450 of 2026 G.Nagaraj ..Petitioner(s) Vs State Rep By, The Inspector of Police E-3, Minjur Police Station, Tiruvallur District. Crime No.136 of 2026. ..Respondent(s) Criminal Original Petition has been filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, to enlarge the petitioner on bail in the event of his arrest or surrender in Crime No.136 of 2026 on the file of the respondent and pass such further or other orders. For Petitioner(s): Mr.E.Gopalakrishnan For Respondent(s): Mr.N.Palanivel Government Advocate (Criminal Side) ORDER The petitioner, apprehending arrest for the alleged offences under Sections 8(c), 20(b)(ii)(B), and 29(1) of the Narcotic Drugs and Psychotropic Substances Act, 1985, in Crime No.136 of 2026 on the file of the respondent police, seeks anticipatory bail. https://www.mhc.tn.gov.in/judis CRL OP No. 14450 of 2026 __________ Page2 of 6 2. The case of the prosecution is that the respondent police, on receiving secret information, conducted a raid and found the accused persons illegally selling ganja, resulting in the recovery of 1.100 kgs of Ganja. Hence, the case has been registered. 3. The learned counsel for the petitioner would submit that the petitioner is innocent of the allegations and has been falsely implicated in this case solely based on the confession statement of the co-accused. He vehemently contended that there is no recovery of contraband from the possession of this petitioner. He further relied on the principle of parity, submitting that the co-accused has already been granted anticipatory bail by this Court in Crl.O.P.No.11415 of 2026 dated 06.05.2026. He further submitted that the petitioner is ready to abide by any condition imposed by this Court and to cooperate with the investigation. Hence, he prayed for the grant of anticipatory bail. 4. The learned Government Advocate (Criminal Side) appearing for the respondent police, while opposing the grant of anticipatory bail to the petitioner, reiterated the prosecution case and, on instructions, submitted that there are totally 5 accused in this case and this petitioner is arrayed as A4. However, on instructions, he fairly conceded that the petitioner has no previous case or criminal antecedents, and confirmed that the co-accused has been granted https://www.mhc.tn.gov.in/judis CRL OP No. 14450 of 2026 __________ Page3 of 6 anticipatory bail by this Court. 5. I have given anxious consideration to the submissions made by the learned counsel on either side. 6. Considering the facts and circumstances of the case, the fact that the petitioner has been implicated based on a confession statement with no physical recovery from his possession, and the fact that he has no previous cases, this Court is of the view that custodial interrogation of the petitioner is not strictly required. Since a co-accused has already been granted anticipatory bail, this Court is inclined to grant anticipatory bail to the petitioner on the grounds of parity, subject to certain conditions. 7. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance within a period of fifteen (15) days from the date on which the copy of this order is made ready, before the learned Judicial Magistrate-I, Ponneri, on condition that the petitioner shall execute a bond for a sum of Rs.20,000/- (Rupees Twenty 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 https://www.mhc.tn.gov.in/judis CRL OP No. 14450 of 2026 __________ Page4 of 6 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, everyday at 10.30 a.m., for a period of two weeks and thereafter, as and when required for interrogation; (d) The petitioner shall not tamper with the 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 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]; (f) If the petitioner thereafter absconds, a fresh FIR can be registered under Section 269 of BNS Act; 09-06-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No Jeni https://www.mhc.tn.gov.in/judis CRL OP No. 14450 of 2026 __________ Page5 of 6 To 1.The Judicial Magistrate No.I, Ponneri. 2.The Inspector of Police, E-3, Minjur Police Station, Tiruvallur District. 3.The Public Prosecutor, High Court of Madras, Chennai. https://www.mhc.tn.gov.in/judis CRL OP No. 14450 of 2026 __________ Page6 of 6 C.KUMARAPPAN, J. Jeni CRL OP No. 14450 of 2026 09-06-2026 https://www.mhc.tn.gov.in/judis