Citation : 2026 Latest Caselaw 2331 Mad
Judgement Date : 6 May, 2026
Crl.O.P.No.11591 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.11591 of 2026
1. Murugan
2. Aji Kumar ... Petitioner(s)
Vs.
The State rep. by
The Inspector of Police,
P-5 MKB Nagar Police Station,
Chennai. ... Respondent(s)
Crime No.188 of 2026
PRAYER : Criminal Original Petition filed under Section 483 of BNSS, 2023,
to enlarge the petitioner on bail concerned in Crime No.188 of 2026 pending on
the file of the respondent police.
For Petitioner(s) : Mr.R.Dinesh
For Respondent(s) : Mr.V.J.Priyadarsana,
Government Advocate (Crl.Side)
ORDER
The petitioners, who were arrested and remanded to judicial custody on
15.04.2026 for the alleged offences under Section 8(c) and 22(b) of NDPS Act
and Sections 274, 275 and 123 of the Bharatiya Nyaya Sanhita, 2023, in Crime
No.188 of 2026 on the file of the respondent police, seek bail.
https://www.mhc.tn.gov.in/judis
2. The case of the prosecution is that the petitioners were found in illegal
possession of 10 nos of Tydol Tablets. Hence, the case.
3. The learned counsel for the petitioners would submit that the
petitioners are innocent and have been falsely implicated in this case. He would
further submit that the petitioners have been in custody since 15.04.2026 and is
ready to abide by any stringent conditions that may be imposed by this Court.
He would further submit that the petitioners, without prejudice to the defence
and contention, are ready and willing to deposit a sum of Rs.20,000/-, 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 petitioners, reiterated the
prosecution case and, on instructions, submitted that the petitioners have one
previous case.
5. Heard learned counsel for the petitioners 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 petitioners, the petitioners are directed to deposit a sum of Rs.20,000/-
(Rupees Twenty Thousand only) each as non-refundable deposit, to the credit of
Tamil Nadu Advocate's Clerk Association, Bank Name: Indian Bank,
Branch: Indian Bank High Court, IFSC Code: IDIB000M157, Account
Name: Tamil Nadu Advocate's Clerk 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
submissions made, and the period of incarceration undergone by the petitioners,
this Court is inclined to enlarge the petitioners on bail with certain conditions.
8. Accordingly, the petitioners are ordered to be released on bail on their
executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) each,
with two sureties each for a like sum to the satisfaction of the learned
X Metropolitan Magistrate Court, Egmore 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 petitioners 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 petitioners shall not abscond either during investigation or trial;
[d] the petitioners 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 petitioners thereafter abscond, a fresh FIR may be registered under Section 269 of the Bharatiya Nyaya Sanhita, 2023.
06.05.2026 skr/dpa
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.
https://www.mhc.tn.gov.in/judis
To
1. The learned X Metropolitan Magistrate Court, Egmore
2. The Superintendent, Puzhal Central Prison, Chennai.
3. The Inspector of Police, P-5 MKB Nagar Police Station, Chennai.
4. The Public Prosecutor, High Court of Madras
https://www.mhc.tn.gov.in/judis
L.VICTORIA GOWRI, J.
skr/dpa
06.05.2026
https://www.mhc.tn.gov.in/judis
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