Sathish vs The State Of Tamilnadu
2026 Latest Caselaw 1863 Mad

Citation : 2026 Latest Caselaw 1863 Mad
Judgement Date : 15 April, 2026

[Cites 6, Cited by 0]

Madras High Court

Sathish vs The State Of Tamilnadu on 15 April, 2026

                                                                            CRL OP(MD). No. 9095 of 2025



                           BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                ( Criminal Jurisdiction )

                                                  Date : 15.04.2026

                                                      PRESENT

                                  THE HONOURABLE MR. JUSTICE P. DHANABAL

                                           CRL OP(MD). No. 9095 of 2025


                     Sathish                                   ...Petitioner/Accused
                                                        Vs

                     State of Tamil Nadu rep. by
                     The Inspector of Police,
                     Rayappanpatti Police Station
                     Theni.
                     (Crime No. 277 of 2024)                  ...Respondent/Complainant


                                    For Petitioner : Mr.L.Absar Ussain
                                                     Advocate.
                                    For Respondent : Mr.B.Nambi Selvan
                                                     Additional Public Prosecutor


                           PETITION FOR BAIL Under Sec.483 of BNSS

                     PRAYER :-

                         For Bail in Cr.No. 277 of 2024 on the file of the respondent police.

                     ORDER :

The Court made the following order :-

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

The petitioner / Accused, who was arrested and remanded to

judicial custody on 04.11.2024 for the offences punishable under

Sections 8(c), 20(b)(ii)(C), 25 & 29(1) of NDPS Act, 1985 in Crime No.

277 of 2024 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that based on the secret

information, on 03.11.2024 at about 10.00 a.m., when the respondent

police were on patrol duty, they found that the petitioner and other

accused were in joint illegal possession of 24 kgs of contraband. Hence

the case.

3. The learned counsel appearing for the petitioner would submit

that the petitioner is innocent and he was falsely implicated in this case

and he has not committed any offence as alleged by the prosecution. He

would further submit that the petitioner was in separate possession of 6

kgs of contraband, which is not a commercial quantity. He would further

submit that he has been arrested and remanded to judicial custody on

04.11.2024. Therefore, prayed to grant bail for the petitioner.

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4. The learned Additional Public Prosecutor appearing for the

respondent would submit that the petitioner and other accused were in

joint illegal possession of 24 kgs of contraband, due to which the case

has been registered under Sections 8(c), 20(b)(ii)(C), 25 & 29(1) of

NDPS Act, 1985 in Crime No. 277 of 2024. He would further submit that

the investigation is pending and the offences are grave in nature and

hence, he strongly opposed to grant bail to the petitioner.

5. This Court heard both sides and perused the materials available

on record.

6. Considering the rival submissions made by the learned counsel

on either side, nature of offence, and considering the fact that though

contraband involved in this case is a commercial quantity, the contraband

recovered from the petitioner is not a commercial quantity and even as

per the prosecution, through separate mahazar, separate quantity was

recovered and the petitioner has no previous case and also considering

the period of incarceration undergone by the petitioner, this Court is

inclined to grant bail to the petitioner subject to the following conditions:

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[a] Accordingly, the petitioner is ordered to be released

on bail on condition to 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 Principal

Special Judge for trial of NDPS Act cases, Madurai, and on

further conditions that:

[b] the petitioner shall report before the learned

Principal Special Judge for trial of NDPS Act cases,

Madurai, on all working days at 10.30 a.m. and 5.00 p.m.,

until further orders;

[c] the petitioner shall not commit any offence similar to

the offence of which he/she is accused, or suspected, or of the

commission of which he/she is suspected;

[d] the petitioner shall not abscond either during

investigation or trial;

[e] the petitioner shall not directly or indirectly make

any inducement, threat or promise to any person acquainted

with the facts of the case so as to dissuade her from disclosing

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such facts to the Court or to any police officer or tamper with

the evidence;

[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].