A. Hemnath Vs The State Rep by, The Inspector of Police

PRAYER: To enlarge the petitioner on Anticipatory bail in the event of his arrest in Crime.No.69 of 2026, pending on the file of the respondent police and thus render justice.

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For Petitioner(s): C R Gokulvisvas For Respondent(s): M/S.J.R.Archana Government Advocate (Crl.Side)

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https://www.mhc.tn.gov.in/judis

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CRL OP No. 3813 of 2026

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ORDER

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The petitioner, who apprehend arrest at the hands of the respondent police for the alleged offences punishable under Sections 123 of BNS in Crime No.69 of 2026, seeks anticipatory bail.

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The allegation against the petitioner is that the petitioner is ranked as A4 in this case and he induced the defacto complainant to inject Tydol tablets for the purpose of intoxication and accordingly the defacto complainant went to A1 and A2 for purchase the tablet and injected himself and developed very serious complications after he was admitted to the hospital and lodged the complaint. On the basis of the complaint, A1 and A2 were arrested with 18 tablets. It is also alleged that he has also injected along with the defacto complainant. Hence the complaint.

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The learned counsel for the petitioner would submit that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution. He further submitted that there are no bad antecedents against the petitioner. Therefore, he prays for grant of anticipatory bail to the petitioner.

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The learned Government Advocate (Crl.side) appearing for the respondent police reiterated the prosecution case and submitted that totally 4

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https://www.mhc.tn.gov.in/judis

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CRL OP No. 3813 of 2026

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accused in this case, A1 & A2 have been arrested and are still in custody, and the other accused are still absconding. Hence, she vehemently opposed the grant of anticipatory bail to the petitioner.

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Considering the fact that the petitioner is not having any previous case

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and the allegations are that he has also injected the tablets himself for the purpose of intoxication, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.

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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 order copy made ready, before the learned Metropolitan Magistrate-X, Egmore, on condition that the petitioner shall execute a bond for a sum of Rs.15,000/- (Rupees Fifteen Thousand only), with two sureties each for a like sum to the satisfaction of the learned Magistrate concerned, and on further condition:

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(a) If the petitioners fails to surrender before the concerned Magistrate within a period of fifteen (15) days from the date of receipt of a copy of this order, this order shall stand automatically cancelled;

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(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

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https://www.mhc.tn.gov.in/judis

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CRL OP No. 3813 of 2026

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learned Magistrate shall obtain a copy of any one of identify proofs to ensure their identity;

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(c) The petitioner shall report before the respondent

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police everyday at 10.30 a.m., for a period of two weeks and thereafter, as and when required for interrogation;

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(d) On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate actions against the petitioners 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 v. State of Kerala [(2005) AIR SCW 5560];

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(e) If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of BNS.

17-02-2026

MPA

To

1.The Metropolitan Magistrate-X, Egmore.

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