Kumar vs The State Of Tamil Nadu
2026 Latest Caselaw 1989 Mad

Citation : 2026 Latest Caselaw 1989 Mad
Judgement Date : 17 April, 2026

[Cites 5, Cited by 0]

Madras High Court

Kumar vs The State Of Tamil Nadu on 17 April, 2026

                                                                           CRL OP(MD). No.861 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.861 of 2026

                     Kumar                                          ... Petitioner / Accused No.4


                                                        Versus

                     The State of Tamilnadu,
                     Rep by the Inspector of Police,
                     Needamangalam Police Station,
                     Thanjavur District.
                     (Crime No.103 of 2025)                         ... Respondent / Complainant


                     PRAYER :-Criminal Original Petition filed under Section 483 of the
                     BNSS, 2023, to enlarge the petitioner on bail in Crime No.103 of 2025
                     on the file of the respondent police.


                                    For Petitioner      :     Mr.K.Subburaj,
                                                              Advocate

                                    For Respondent      :     Mr.B.Nambi Selvan,
                                                              Additional Public Prosecutor



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https://www.mhc.tn.gov.in/judis
                                                                               CRL OP(MD). No.861 of 2026

                     ORDER :

The Court made the following order :-

The petitioner/accused, who was arrested and remanded to judicial

custody on 08.05.2025 for the offences punishable under Sections 8(c),

20(b)(ii)(C), 25 and 29(1) of the Narcotic Drugs and Psychotropic

Substances Act, 1985, in Crime No.103 of 2025 on the file of the

respondent police, seeks bail.

2. The case of the prosecution is that, on 08.05.2025 at about 16:30

hours, the respondent police, based upon secret information, proceeded

along with a police party and necessary equipment, and found the

accused persons in possession of 110 kgs of ganja. Hence, the case has

been registered.

3. The learned counsel appearing for the petitioner would submit

that the petitioner is innocent and has not committed any offence as

alleged by the prosecution. He would further submit that no contraband

was recovered from the petitioner and that he has been implicated only

on the basis of the confession of the co-accused. He would also submit

that the petitioner was arrested and remanded to judicial custody on

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08.05.2025. Hence, he seeks grant of bail for the petitioner.

4. The learned Additional Public Prosecutor appearing for the

respondent police would submit that the petitioner along with other

accused were found in illegal possession of 110 kgs of ganja which is a

commercial quantity. He would further submit that there are two previous

cases pending against the petitioner, out of which, one case is similar in

nature. Therefore, he opposed the grant of bail to the petitioner.

5. This Court heard the learned counsel appearing on either side

and perused the materials placed on record.

6. Considering the rival submissions made by the learned counsel

on either side, the nature of the offence, and also considering that there

was no recovery from the petitioner and though the petitioner has one

previous case, the same has already ended in acquittal, and also

considering the period of incarceration of the petitioner from 08.05.2025,

this Court is inclined to grant bail to the petitioner subject to the

following conditions:

[a] Accordingly, the petition is allowed and the

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petitioner is ordered to be released on bail on executing 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 for EC and

NDPS Court), Thanjavur, and on further conditions that :-

[b] the petitioner shall report before the Additional

District Judge (Special Court for EC and NDPS Court),

Thanjavur, daily at 10.30 a.m. and 05.00 p.m., on all working

days, 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 him from

disclosing such facts to the Court or to any police officer or

tamper with the evidence;

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[f] On breach of any of the aforesaid conditions, the

learned 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]; and

[g] If the accused thereafter absconds, a fresh FIR can

be registered under Section 269 BNS.