[Cites 3, Cited by 0]
Madras High Court
R.Boopalan vs State Represented By, The Inspector Of ... on 15 April, 2026
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 15.04.2026
CORAM
THE HONOURABLE Mr. JUSTICE C.KUMARAPPAN
Crl.O.P.No.9272 of 2026
R.Boopalan ... Petitioner(s)
Vs.
State rep. by the Inspector of Police,
Chettipalayam Police Station,
Coimbatore District. ... Respondent(s)
[Crime No.74 of 2026]
PRAYER: Criminal Original Petition filed under Section 483 of BNSS, 2023,
to enlarge the petitioner on bail concerned in Crime No.74 of 2026 pending on
the file of the respondent police.
For Petitioner(s) : Mr.O.Chembulingam
For Respondent(s) : Mr.S.Vinoth Kumar
Government Advocate (Crl. Side)
ORDER
The petitioner, who was arrested and remanded to judicial custody on
01.03.2026 for the alleged offence under Section 8(c) r/w 20(b)(ii)(B) and 29(1)
of NDPS Act, in Crime No.74 of 2026, on the file of the respondent police,
seeks bail.
https://www.mhc.tn.gov.in/judis
2. The case of the prosecution is that the petitioner, along with the other
accused, was found to be in illegal possession of 2.150 kgs of ganja and 10.35
grams of Methamphetamine. Hence, the case.
3. The learned counsel for the petitioner would submit that there are about
two accused and the present petitioner is A2. Even according to the prosecution,
the recovery from A1 is 2.150 kgs of ganja and 10.35 grams of
Methamphetamine. He would further submit that the petitioner is a student of
Hindusthan College of Engineering and Technology, Coimbatore, and he has to
write his examination. He would further submit that the petitioner has been
under incarceration since 01.03.2026 and that there is no recovery from this
petitioner.
4. Though the learned Government Advocate oppose the bail application
on the ground that the total recovery is simultaneous recovery, namely from
both of them, would fairly submit that the quantity involved in this case is only
an intermediate quantity. He would further submit that the petitioner has no
previous cases.
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5. I have given my anxious consideration to the submissions made by the
learned counsel on either side.
6. Considering the totality of the circumstances and the recovered
contraband is only an intermediate quantity and upon the fact that the petitioner
has no previous cases and also considering the fact that the petitioner is the
student in a college and has been under incarceration since 01.03.2026, this
Court is inclined to enlarge him on bail with certain stringent 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 Additional
District Judge, Presiding Officer, Special Court for Essential Commodities Act
Cases, 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 5.30 p.m for a period of 60 days and
thereafter, as and when required for interrogation;
https://www.mhc.tn.gov.in/judis
[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];
[f] if the petitioner thereafter abscond, a fresh FIR may
be registered under Section 269 of the Bharatiya Nyaya
Sanhita, 2023.
15.04.2026
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.
https://www.mhc.tn.gov.in/judis
To
1. The Additional District Judge, Presiding Officer, Special Court for Essential
Commodities Act Cases, Coimbatore.
2.The Superintendent, Central Prison, Puzhal.
3.The Inspector of Police,
Chettipalayam Police Station,
Coimbatore District.
3. The Public Prosecutor, High Court of Madras.
https://www.mhc.tn.gov.in/judis
C.KUMARAPPAN,J.
ata
15.04.2026
https://www.mhc.tn.gov.in/judis
