Citation : 2026 Latest Caselaw 2067 Mad
Judgement Date : 20 April, 2026
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 20.04.2026
CORAM
THE HONOURABLE Mr. JUSTICE C.KUMARAPPAN
Crl.O.P.No.9787 of 2026
Ismetara Khatun ... Petitioner(s)
Vs.
State rep. by the Inspector of Police,
Karumathampatty Police Station,
Coimbatore District. ... Respondent(s)
[Crime No.111 of 2026]
PRAYER: Criminal Original Petition filed under Section 483 of BNSS, 2023,
to enlarge the petitioner on bail concerned in Crime No.111 of 2026, on the file
of the respondent.
For Petitioner(s) : Mr.M.Rajasekar
For Respondent(s) : Mr.S.Vinoth Kumar
Government Advocate (Crl. Side)
ORDER
The petitioner, who was arrested and remanded to judicial custody on
13.03.2026 for the alleged offence under Sections 8(c) r/w 20(b)(ii)(B) of NDPS
Act, 1985, in Crime No.111 of 2026 on the file of the respondent, seeks bail.
https://www.mhc.tn.gov.in/judis
2. The case of the prosecution is that the petitioner was found to be in
illegal possession of 10 kgs of ganja. Hence, the case.
3. The learned counsel for the petitioner would submit that the petitioner
is innocent and she has been under incarceration since 13.03.2026. He would
further submit that the recovered contraband is only an intermediate quantity
and that the petitioner has no previous cases. Hence, he prays for the grant of
bail.
4. At this juncture, the learned Government Advocate would oppose the
bail application and submit that the petitioner has no previous cases and that the
recovered contraband is an intermediate quantity.
5. I have given my anxious consideration to the submissions made by the
learned counsel on either side.
6. From the submissions made by the learned Government Advocate the
petitioner is under incarceration since 13.03.2026 and what was recovered from
the petitioner is an intermediate quantity. Hence, considering the quantity of the
ganja recovered, the petitioner has been under incarceration since 13.03.2026
https://www.mhc.tn.gov.in/judis and that the petitioner has no previous cases, this Court is inclined to enlarge the
petitioners on bail with certain conditions:
7. Accordingly, the petitioner is ordered to be released on bail on her
executing a bond for a sum of Rs.25,000/- (Rupees Twenty-Five Thousand
only), with two sureties (one surety must be a blood relative of the petitioner)
each for a like sum, to the satisfaction of the Judicial Magistrate III, Tiruppur,
subject to the following conditions:
[a] the sureties shall affix their photographs and Left Thumb Impression in the Application for Surety ship [Judicial Form No.46 annexed to 'The Criminal Rules of Practice, 2019']. The learned Magistrate shall obtain a copy of any one of the identity proofs to ensure their identity;
[b] the petitioner shall report before the respondent police daily at 10.30 a.m for a period of 90 days;
[c] the petitioner shall not abscond either during investigation or trial;
[d] the petitioner shall not tamper with the evidence or witness either during investigation or trial;
[e] on breach of any of the aforementioned conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the petitioner in accordance with law as if the conditions had been imposed and the petitioner released on bail by the learned Magistrate/Trial Court itself, as laid down by the Hon'ble Supreme Court in P.K.Shaji vs.
https://www.mhc.tn.gov.in/judis State of Kerala [(2005)13 SCC 283];
[f] if the petitioners thereafter abscond, a fresh FIR may be registered under Section 269 of the Bharatiya Nyaya Sanhita, 2023.
17.04.2026
ata
Note:
1. Registry is directed to forthwith upload this order in the Official Website of this Court.
2. All concerned to act on this order being uploaded in Official Website of this Court without insisting on certified hard copies. To be noted, this order when uploaded in the official website of this Court will be watermarked and will also have a QR code.
To
1. The Judicial Magistrate III, Tiruppur.
2. The Superintendent, Central Prison, Coimbatore.
3. The Inspector of Police, Karumathampatty Police Station, Coimbatore District.
4. The Public Prosecutor, High Court of Madras.
https://www.mhc.tn.gov.in/judis C.KUMARAPPAN,J.
ata
20.04.2026
https://www.mhc.tn.gov.in/judis
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