A.Sakthivel vs The State Rep By, The Inspector Of Police
2026 Latest Caselaw 1598 Mad

Citation : 2026 Latest Caselaw 1598 Mad
Judgement Date : 7 April, 2026

[Cites 1, Cited by 0]

Madras High Court

A.Sakthivel vs The State Rep By, The Inspector Of Police on 7 April, 2026

                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                        DATED : 07.04.2026

                                                             CORAM

                                  THE HONOURABLE Mr. JUSTICE C.KUMARAPPAN

                                                   Crl.O.P.No.8638 of 2026

                   A.Sakthivel                                                  ... Petitioner(s)

                                                               Vs.

                   State rep. by the Inspector of Police,
                   Selvapuram Police Station,
                   Coimbatore City,
                   Coimbatore District.                                         ... Respondent(s)
                   [Crime No.33 of 2026]



                   PRAYER: Criminal Original Petition filed under Section 483 of BNSS, 2023,
                   to enlarge the petitioner on bail concerned in Crime No. 33 of 2026 pending on
                   the file of the respondent police.



                                    For Petitioner(s)          : Mr.K.Prabhakaran

                                    For Respondent(s)          : Mr.S.Vinoth Kumar,
                                                                 Government Advocate (Crl.Side)

                                                             ORDER

The petitioner, who was arrested and remanded to judicial custody on

19.01.2026 for the alleged offences under Sections 8(c), 20(b)(ii)(A) of NDPS

https://www.mhc.tn.gov.in/judis Act and Section 123 of BNS, 2023, in Crime No.33 of 2026, on the file of the

respondent police, seeks bail.

2. The case of the prosecution is that the petitioner was found to be in

illegal possession of 180 grams of ganja. Hence, the case.

3. The learned counsel for the petitioner would submit that the petitioner

has been under incarceration since 19.01.2026 and that this is a small quantity

of recovery of 180 grams of ganja. He would further submit that the petitioner is

ready to abide by any condition that may be imposed by this Court. He would

therefore seek for the grant of bail.

4. The learned Government Advocate would oppose the bail application

on the ground that the petitioner has got four previous cases.

5. I have given my anxious consideration to the submissions made by the

learned counsel on either side.

6. Though the learned Government Advocate objected the bail

application, as the petitioner has got four previous cases, considering the

recovery of small quantity and also considering the long incarceration of the

https://www.mhc.tn.gov.in/judis petitioner since 19.01.2026, this Court is inclined to enlarge the petitioner on

bail with certain conditions:

7. Accordingly, the petitioner is ordered to be released on bail on his

executing a bond for a sum of Rs.25,000/- (Rupees Twenty-Five Thousand

only), with two sureties each for a like sum, to the satisfaction of the learned

Judicial Magistrate No.V, Coimbatore, subject to the following conditions:

[a] 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 the identity proofs to ensure their identity;

[b] the petitioner shall report before the respondent police daily at 10.30 a.m until further orders;

[c] the petitioner shall not abscond either during investigation or trial;

[d] the petitioner shall not tamper with the evidence or witness either during investigation or trial;

[e] on breach of any of the aforementioned conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the petitioners in accordance with law as if the conditions had been imposed and the petitioners released on bail by the learned Magistrate/Trial Court itself, as laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005)13 SCC 283];

https://www.mhc.tn.gov.in/judis [f] if the petitioner thereafter abscond, a fresh FIR may be registered under Section 269 of the Bharatiya Nyaya Sanhita, 2023.

8. It is made clear that no relaxation petition will be entertained within a period of 90 days.

07.04.2026 ata

Note:

1. Registry is directed to forthwith upload this order in the Official Website of this Court.

2. All concerned to act on this order being uploaded in Official Website of this Court without insisting on certified hard copies. To be noted, this order when uploaded in the official website of this Court will be watermarked and will also have a QR code.

1. The Judicial Magistrate No.V, Coimbatore.

2. The Superintendent, Central Prison, Coimbatore.

3. The Inspector of Police, Selvapuram Police Station, Coimbatore City, Coimbatore District.

4. The Public Prosecutor, High Court of Madras.

https://www.mhc.tn.gov.in/judis C.KUMARAPPAN,J.

ata

07.04.2026

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