Citation : 2026 Latest Caselaw 1988 Mad
Judgement Date : 17 April, 2026
CRL OP(MD). No.3316 of 2026
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
( Criminal Jurisdiction )
Date : 17.04.2026
PRESENT
THE HONOURABLE MR. JUSTICE P. DHANABAL
CRL OP(MD). No.3316 of 2026
Kalpana Rani
...Petitioner/Accused No.4
Vs
State of Tamil Nadu rep. by
The Inspector of Police,
Vettaikaraniruppu Police Station,
Nagapattinam District.
(Crime No.10 of 2026)
...Respondent/Complainant
For Petitioner : Mr.V.Chandrapandi
For Respondent : Mr.B.Nambi Selvan
Additional Public Prosecutor
PETITION FOR BAIL Under Sec.483 of BNSS
PRAYER :- For Bail in Cr.No. 10 of 2026 on the
file of the respondent police.
ORDER :
The Court made the following order :-
The petitioner /A4, who was arrested and
remanded to judicial custody on 13.01.2026 for
the offences punishable under Sections 8(c) r/w
https://www.mhc.tn.gov.in/judis
20(b)(ii)(C), 25 and 29(1) of NDPS Act, 1985, in
Crime No.10 of 2026 on the file of the respondent
police, seeks bail.
2. The case of the prosecution is that on
09.01.2025 at about 18.50 hours, the defacto
complainant/police official received the secret
information regarding the transportation of Ganja
in grey colour innova car bearing Registration
No.TN 19 R 0007 near Nagapattinam to Vethranayam
at Puthupalli Bridge. Thereafter, the respondent
Police arrived at the alleged occurrence and
tried to stop the car and the said car was not
stopped and rushed in a rash and negligent manner
and the Police officials followed the said car
and the said car skit and down the irrigation.
Thereafter, the respondent Police found that the
petitioner and other accused person were in
illegal possession of 219.770 kgs of Ganja.
Hence, the case.
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3. The learned counsel for the petitioner
would contend that the respondent police have
registered a false case against the petitioner
for the offences punishable under Sections 8(c)
r/w 20(b)(ii)(C), 25 and 29(1) of NDPS Act, 1985.
The petitioner is an innocent and she is nothing
to do with the alleged offences. He would further
contend that no contraband was recovered from the
petitioner and based on the confession of co-
accused, she has been arrayed as A4. She is in
judicial custody from 13.01.2026. Therefore
prayed to grant bail to the petitioner.
4. The learned Additional Public Prosecutor
appearing for the respondent would submit that
the accused was found in illegal possession of
219.770 of Ganja. He would further submit that
the petitioner has no previous cases. He would
further submit that the investigation is still
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pending 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, though the prosecution stated that the
contraband involved in this case is a commercial
quantity, the entire contraband were recovered
from the other accused and no contraband was
recovered from the petitioner and based on the
confession of co-accused, she has been arrayed as
A4 and the petitioner has no previous cases and
the co-accused were already released on bail and
also considering the period of incarceration
undergone by the petitioner from 13.01.2026, 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/Presiding Officer, Special
Court under Essential Commodities Act,
Thanjavur, and on further conditions that:
[b] the petitioner shall report before
the learned Additional District
Judge/Presiding Officer, Special Court
under Essential Commodities Act,
Thanjavur, on all working days at 10.30
a.m., until further orders.
[c] the petitioner shall not commit
any offence similar to the offence of
which she is accused, or suspected, or of
the commission of which she is suspected;
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[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 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].
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[g] If the accused thereafter
absconds, a fresh FIR can be registered
under Section 269 BNS.
(P D B J)
17.04.2026 vsg
To
1.The learned Additional District Judge/Presiding Officer, Special Court under Essential Commodities Act, Thanjavur.
2.The Superintendent, Special Prison for Women, Trichy.
3.The Inspector of Police, Vettaikaraniruppu Police Station, Nagapattinam District.
4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
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P. DHANABAL, J.,
vsg
ORDER IN
Date : 17.04.2026
https://www.mhc.tn.gov.in/judis
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