Citation : 2026 Latest Caselaw 2064 Mad
Judgement Date : 20 April, 2026
CRL OP(MD). No. 7098 of 2026
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
( Criminal Jurisdiction )
Date : 20.04.2026
PRESENT
THE HONOURABLE MR. JUSTICE P. DHANABAL
CRL OP(MD). No. 7098 of 2026
Kalimuthu @ Vellaikali ...Petitioner/Accused-7
Vs
State of Tamil Nadu rep. by
The Deputy Superintendent of Police,
NIBCID, Madurai
Incharge of Trichy.
(Crime No. 4 of 2024 ) ...Respondent/Complainant
For Petitioner : Mr.M.G.Martinmanivannan
Advocate.
For Respondent : Mr.B.Nambi Selvan
Additional Government Pleader
PETITION FOR BAIL Under Sec.483 of BNSS
PRAYER :-
For Bail in Cr.No. 4 of 2024 on the file of the respondent police.
1/7
https://www.mhc.tn.gov.in/judis
CRL OP(MD). No. 7098 of 2026
ORDER :
The Court made the following order :-
The petitioner / Accused, who was arrested and remanded to
judicial custody on 11.12.2025 for the offences punishable under
Sections 8(c) r/w 20(b)(ii)(C), 25 & 29(i) of NDPS, Act, 1985 in Crime
No. 4 of 2024 on the file of the respondent police, seeks bail.
2. The case of the prosecution is that based on the secret
information, on 11.12.2025, at about 5.00 hrs, when the respondents
police were in patrol duty, they found that the other accused was in
illegal possession of 140 kgs of ganja. Based on the confession of co-
accused/A1, the petitioner has been arrayed as accused. 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 based on the confession of co-accused only,
the petitioner has been arrayed as accused and no recovery was made
from this petitioner and further the petitioner was in custody on the date
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of alleged occurrence. He would further submit that he has been arrested
and remanded to judicial custody on 11.12.2025. Therefore, prayed to
grant bail for the petitioner.
4. The learned Additional Government Pleader appearing for the
respondent would submit that the other accused was in illegal possession
of 140 kgs of ganja, due to which the case has been registered for the
offences punishable under Sections 8(c) r/w 20(b)(ii)(C), 25 & 29(i) of
NDPS, Act, 1985 in Crime No. 4 of 2024. He would further submit that
based on the confession of co-accused/A1, the petitioner has been
arrayed as accused and the petitioner has 32 previous cases, out of which
five cases are similar in nature, out of which four cases are in commercial
quantity. He would further submit that 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
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on either side, nature of offence, and no recovery was made from this
petitioner and though the petitioner has some previous cases, in this case
based on the confession of co-accused only, the petitioner has been
arrayed as accused and further, the petitioner was in custody on the date
of alleged occurrence 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
each for a like sum to the satisfaction of the learned Additional
District and Sessions Judge/Presiding Officer, Special Court
for EC and NDPS Act cases, Pudukottai, and on further
conditions that:
[b] the petitioner shall report before the Additional
District and Sessions Judge/Presiding Officer, Special
Court for EC and NDPS Act cases, Pudukottai, daily at
10.30 a.m. and 5.00 p.m, until further orders;
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[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;
[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) 20.04.2026 apd
To
1.The Additional District and Sessions Judge/Presiding Officer, Special Court for EC and NDPS Act cases, Pudukottai.
2.The Deputy Superintendent of Police NIBCID, Madurai Incharge of Trichy.
3. The Superintendent, Central Prison, Puzhal.
4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
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P. DHANABAL, J
apd
ORDER IN
Date : 20.04.2026
https://www.mhc.tn.gov.in/judis
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