Hemamalini vs The State Of Tamilnadu
2026 Latest Caselaw 2000 Mad

Citation : 2026 Latest Caselaw 2000 Mad
Judgement Date : 17 April, 2026

[Cites 3, Cited by 0]

Madras High Court

Hemamalini vs The State Of Tamilnadu on 17 April, 2026

                                                                            CRL OP(MD). No. 7535 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. 7535 of 2026


                     Hemamalini                                      ...Petitioner/Accused
                                                        Vs

                     State of Tamil Nadu rep. by
                     The Inspector of Police,
                     PEW-Trichy City Police Station,
                     Trichy city.
                     (Crime No. 37 of 2026 )                         ...Respondent/Complainant


                                    For Petitioner : Mr.K.M.Karunakaran
                                                     Advocate.
                                    For Respondent : Mr.B.Nambi Selvan
                                                     Additional Public Prosecutor


                           PETITION FOR BAIL Under Sec.483 of BNSS

                     PRAYER :-

                         For Bail in Cr.No. 37 of 2026 on the file of the respondent police.

                     ORDER :

The Court made the following order :-

https://www.mhc.tn.gov.in/judis

The petitioner / Accused, who was arrested and remanded to

judicial custody on 14.03.2026 for the offences punishable under

Sections 8(c) r/w 20(b)(ii)(B) of NDPS Act, 1985 in Crime No. 37 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 14.03.2026 at about 10.00 hrs, when the respondent

police were on patrol duty, they found that the petitioner was in illegal

possession of 1.250 kg of ganja. Hence the case.

3. The learned counsel appearing for the petitioner would submit

that the petitioner is innocent and she was falsely implicated in this case

and she has not committed any offence as alleged by the prosecution. He

would further submit that she has been arrested and remanded to judicial

custody on 14.03.2026. Therefore, prayed to grant bail for the petitioner.

4. The learned Additional Public Prosecutor appearing for the

respondent would submit that the petitioner was in illegal possession of

1.250 kg of ganja, due to which, the case has been registered under

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Sections 8(c) r/w 20(b)(ii)(B) of NDPS Act, 1985 in Crime No. 37 of

2026. He would further submi that the petitioner has no previous case.

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 involved in this case is not a commercial quantity and the

petitioner has no previous case 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

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

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

District and Session Judge/Presiding Officer, Special Court for

EC and NDPS Act cases, Pudukottai, and on further conditions

that:

[b] the petitioner shall report before the respondent

police 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;

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

learned Judicial Magistrate/Trial Court is entitled to take

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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].