Citation : 2026 Latest Caselaw 1867 Mad
Judgement Date : 15 April, 2026
CRL OP(MD). No.18401 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.18401 of 2025
Raja ...Petitioner/Accused
Vs
State of Tamil Nadu rep. by
The Inspector of Police,
Valangaiman Police Station
Tiruvarur District
(Crime No. 146 of 2025) ...Respondent/Complainant
For Petitioner : Mr.Na.Manimaran
for Ms.M.Jaya
For Respondent : Mr.B.Nambi Selvan
Additional Public Prosecutor
PETITION FOR BAIL Under Sec.483 of BNSS
PRAYER :-
For Bail in Cr.No.146 of 2025 on the file of the respondent police.
1/6
https://www.mhc.tn.gov.in/judis
CRL OP(MD). No.18401 of 2025
ORDER :
The Court made the following order :-
The petitioner / A1, who was arrested and remanded to judicial
custody on 04.10.2025 for the offences punishable under Sections 8(c) r/w.
20(b)(ii) (C) of NDPS Act in Crime No.146 of 2025 on the file of the
respondent police, seeks bail.
2. The case of the prosecution is that the petitioner along with other
accused were found in illegal possession of 100 kgs of ganja. Hence the
case.
3. The learned counsel for the petitioner would submit that the
respondent police has registered a false case against the petitioner and he
has not committed any offence as alleged by the prosecution. He would
further submit that no contraband was recovered from this petitioner and the
co-accused was released on bail. He would further submit that based on the
confession statement given by the co-accused this petitioner has been
implicated as an accused. The petitioner has been arrested and remanded to
judicial custody on 04.10.2025. Hence, he prays to grant bail to the
petitioner.
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4. The learned Additional Public Prosecutor appearing for the
respondent would submit that petitioner along with other accused were
found in illegal possession of 100 kgs of ganja which is a commercial
quantity. There are materials available as against the petitioner. Hence, he
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 and also the considering the fact that no contraband was
recovered from this petitioner and also the fact that based on the confession
given by the co-accused this petitioner has been implicated as an accused
and also the fact that petitioner was arrested only after three months from
the date of registration of the First Information Report and the fact that co-
accused was released on bail and though the petitioner has got two previous
cases and those cases are not for commercial quantity and also taking into
consideration the period of incarceration suffered 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 Additional District
Judge/Special Court under EC Act, Thanjavur and on further
conditions that:
[b] the petitioner shall report before the trial Court on
all working days at 10.30 a.m.,and 5.30 pm., until further
orders.
[c] the petitioner shall not commit any offence similar to
the offence of which he is accused, or suspected, or of the
commission of which he 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 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
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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].
[g] If the accused thereafter absconds, a fresh FIR can be
registered under Section 269 BNS.
(P D B J) 15.04.2026 aav
To
1.The Special Court under EC Act, Thanjavur
2.The Inspector of Police, Valangaiman Police Station Tiruvarur District
3. The Superintendent, Central Jail, Trichy
4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
https://www.mhc.tn.gov.in/judis
P. DHANABAL, J
aav
ORDER IN
Date : 15.04.2026
https://www.mhc.tn.gov.in/judis
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