Guna vs State Of Tamilnadu Rep By Inspector Of ...
2026 Latest Caselaw 1994 Mad

Citation : 2026 Latest Caselaw 1994 Mad
Judgement Date : 17 April, 2026

[Cites 3, Cited by 0]

Madras High Court

Guna vs State Of Tamilnadu Rep By Inspector Of ... on 17 April, 2026

                                                                            CRL OP(MD). No. 7532 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. 7532 of 2026


                     Guna                                           ...Petitioner/Accused-1
                                                        Vs

                     State of Tamil Nadu rep. by
                     The Inspector of Police,
                     Ramji Nagar Police Station,
                     Trichy.
                     (Crime No. 123 of 2026 )                        ...Respondent/Complainant


                                    For Petitioner : Mr.N.Ananda Kumar
                                                     Advocate.
                                    For Respondent : Mr.B.Nambi Selvan
                                                     Additional Public Prosecutor


                           PETITION FOR BAIL Under Sec.483 of BNSS

                     PRAYER :-

                         For Bail in Cr.No. 123 of 2026 on the file of the respondent police.

                     ORDER :

The Court made the following order :-

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The petitioner / Accused, who was arrested and remanded to

judicial custody on 17.03.2026 for the offences punishable under

Sections 8(c) r/w 20(b)(ii)(B), 25 of NDPS Act, 1985 in Crime No. 123

of 2026 on the file of the respondent police, seeks bail.

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

information, on 17.03.2026 at about 14.00 hrs, when the respondent

police was at partrol duty, they found that the petitioner was in illegal

possession of 1.450 kgs of ganja. 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 he has been arrested and remanded to judicial

custody on 17.03.2026. Therefore, prayed to grant bail for the petitioner.

4. The learned Additional Public Prosecutor appearing for the

respondent would submit that the co-accused was in illegal possession of

1.450 kgs of ganja, due to which the case has been registered under

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Sections 8(c) r/w 20(b)(ii)(B), 25 of NDPS Act, 1985 in Crime No. 123

of 2026. He would further submit that the petitioner has three previous

cases which are similar in nature. 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 facts that the

quantity of contraband is not a commercial quantity and though the

petitioner has three previous cases, in all cases, the bail was granted to

him 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:

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

on bail on condition to execute a bond for a sum of

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Rs.10,000/- (Rupees Ten Thousand only) with two sureties

each for a like sum to the satisfaction of the learned Additional

District and Sessions Judge/Presiding Officer, Special Court

under EC and NDPS Act, Pudukottai, and on further

conditions that:

[b] the petitioner shall report before the Inspector of

Police, Gudalur Police Station, Nilgiris, daily at 10.30 a.m.,

for a period of thirty days and thereafter as and when

required for interrogation.

[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

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 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].