Citation : 2026 Latest Caselaw 2314 Mad
Judgement Date : 6 May, 2026
Crl.O.P.No.11586 of 2026
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 06.05.2026
CORAM
THE HONOURABLE Mr. JUSTICE L.VICTORIA GOWRI
Crl.O.P.No.11586 of 2026
Vimonish ... Petitioner(s)
Vs.
The State rep. by
The Inspector of Police,
S-7, Madipakkam Police Station,
Chennai. ... Respondent(s)
Crime No.103 of 2026
PRAYER : Criminal Original Petition filed under Section 483 of BNSS, 2023,
to enlarge the petitioner on bail concerned in Crime No.103 of 2026 pending on
the file of the respondent police.
For Petitioner(s) : Mr.M.Jaikumar
For Respondent(s) : Mr.V.J.Priyadarsana,
Government Advocate (Crl.Side)
ORDER
The petitioner, who was arrested and remanded to judicial custody on
11.03.2026 for the alleged offences under Sections 8(c) read with 22(b) & 29(1)
of Narcotic Drugs and Psychotropic Substances Act 1985 in Crime No.103 of
2026 on the file of the respondent police, seeks bail.
https://www.mhc.tn.gov.in/judis
2. The case of the prosecution is that the petitioner along with other
accused was found in illegal possession of 3.36 grams of MMDA tablets.
Hence, the case.
3. The learned counsel for the petitioner would submit that the petitioner
is innocent and has been falsely implicated in this case. He would further submit
that the petitioner has been in custody since 11.03.2026 and is ready to abide by
any stringent conditions that may be imposed by this Court. He would further
submit that the petitioner, without prejudice to the defence and contention, is
ready and willing to deposit a sum of Rs.10,000/-, to any welfare scheme of the
Government or any other organization. Hence, he prayed for the grant of bail.
4. The learned Government Advocate (Crl. Side) appearing for the
respondent, while opposing the grant of bail to the petitioner, reiterated the
prosecution case and fairly submitted that the co-accused have been released on
bail.
5. Heard learned counsel for the petitioner and the learned Government
Advocate (Crl.Side) appearing for the respondent and perused the materials
available on record.
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6. Considering the voluntary submission made by the learned counsel for
the petitioner, the petitioner is directed to deposit a sum of Rs.10,000/- (Rupees
Ten Thousand only) as non-refundable deposit, to the credit of Tamil Nadu
Advocate's Clerk’s Association, Bank Name: Indian Bank, Branch: Indian
Bank High Court, IFSC Code: IDIB000M157, Account Name: Tamil Nadu
Advocate's Clerk’s Association, Account No.484026006, without prejudice to
the right of defence before the Trial Court and making it clear that it would not
amount to admission of guilt.
7. Considering the above facts and circumstances, the voluntary
submission made on behalf of the petitioner, the fact that the co-accused have
been released on bail, and the period of incarceration undergone by the
petitioner, this Court is inclined to enlarge the petitioner on bail, subject to
certain conditions.
8. Accordingly, the petitioner is ordered to be released on bail on his
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 Judicial
Magistrate Court No.II, Alandur, and 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
https://www.mhc.tn.gov.in/judis
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 everyday at 10.30 a.m. for a period of 30 days and thereafter as and when required for interrogation;
[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 petitioners 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. State of Kerala [(2005)13 SCC 283];
[f] if the petitioner thereafter abscond, a fresh FIR may be registered under Section 269 of the Bharatiya Nyaya Sanhita, 2023.
06.05.2026 dpa/skr
https://www.mhc.tn.gov.in/judis
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 learned Judicial Magistrate Court No.II, Alandur.
2. The Superintendent, Central Jail, Puzhal.
3. The Inspector of Police, S-7, Madipakkam Police Station, Chennai.
4. The Public Prosecutor, High Court of Madras
https://www.mhc.tn.gov.in/judis
L.VICTORIA GOWRI, J.
dpa/skr
06.05.2026
https://www.mhc.tn.gov.in/judis
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