Citation : 2026 Latest Caselaw 1819 Mad
Judgement Date : 10 April, 2026
CRL OP No. 9097 of 2026
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 10-04-2026
CORAM
THE HON'BLE MR.JUSTICE C.KUMARAPPAN
CRL OP No. 9097 of 2026
F. Mohamed Ali
..Petitioner
Vs
State rep by
The Inspector of Police
Kuniamuthur Police Station,
Coimbatore.
(Crime.No.25/2026)
..Respondent
Prayer: Criminal Original Petition filed under section 483 of BNSS Act to
enlarge the petitioner on bail with crime No.25 of 2026 on the file of the
respondent police and pass such orders
For Petitioner: Mr.G.Paramasivam
For Respondent: Mr.S.Vinoth Kumar
Government Advocate (Crl.Side)
ORDER
The petitioner, who was arrested and remanded to judicial custody on
23.01.2026 for the alleged offence under Section 8(c), 20(b)(ii)(A), 29(1) of
Narcotic Drugs & Psychotropic Substances Act 1985 in Crime No.25 of 2026
on the file of the respondent police, seeks bail.
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2. The case of the prosecution is that the petitioner along with other
person were found in possession of 200 grams of ganja. Hence, this case.
3. The learned counsel appearing for the petitioner submitted that the
petitioner has been falsely implicated in the present case and that he has not
committed any offence as alleged by the prosecution. He further submitted that
the petitioner is ready to abide by any stringent conditions that may be imposed
by this Court. Hence, he prays for grant of bail to the Petitioner.
4. Per contra, the learned Government Advocate (Criminal Side)
appearing for the Respondent Police reiterated the prosecution case and fairly
submitted that the petitioner was in possession of 200 grams of ganja which
comes under small quantity and the petitioner has one previous case pending
against him. However, he opposed the grant of bail to the Petitioner.
5. I have given my anxious consideration to either side submissions and
perused the materials available on record.
6. From the submissions made by the learned counsel on either side and
taking into consideration of the quantity of contraband which is of small
quantity and the period of incarceration of the petitioner since 23.01.2026 and
upon the further fact that the co-accused has already been enlarged on bail in
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Crl.OP.No.3676 of 2026 dated 16.02.2026, this Court is inclined to enlarge the
petitioner on bail subject to 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 Court No.7, Coimbatore, and on further conditions that:
[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. for the period of three weeks and thereafter, as and when required for interrogation; [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 pass appropriate orders against the petitioner in accordance with law as if the aforementioned 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)13
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SCC 283];
[f] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S.
10-04-2026 SHL
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.
10-04-2026 SHL
To:
1. The Judicial Magistrate Court No.7, Coimbatore
2. The Central Prison, Coimbatore
3. The Inspector of Police Kuniamuthur Police Station, Coimbatore.
4. The Public Prosecutor High Court of Madras
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C.KUMARAPPAN J.
SHL
10-04-2026
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