Citation : 2026 Latest Caselaw 2333 Mad
Judgement Date : 6 May, 2026
Crl.O.P.No.10577 of 2026
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 06-05-2026
CORAM
THE HONOURABLE MRS. JUSTICE L.VICTORIA GOWRI
CRL OP NO.10577 of 2026
G. Karthik ... Petitioner/ Accused
Vs
The State rep. by,
The Inspector of Police,
P-5, MKB Nagar Police Station,
(Crime No.158 of 2026) ... Respondent
PRAYER : Criminal Original Petition filed under Section 483 of Bharatiya
Nagarik Suraksha Sanhita, 2023, to grant bail to the petitioner/accused in
Crime No.158 of 2026 on the file of the respondent police.
For Petitioner(s) : M/s. AAA Law Firm
For Respondent(s) : Mr. V.J. Priyadarsana
Government Advocate (Crl. Side)
*******
ORDER
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The petitioner, who was arrested and remanded to judicial custody on
24.03.2026 for the offences punishable under Sections 8(c), 20(b)(ii)(B) of
NDPS Act in Crime No.158 of 2026, registered on the file of the respondent
police, seeks bail.
2. The case of the prosecution is that on 24.03.2026, based on a
specific information, the respondent went to the place of occurrence and
found that the petitioner was in illegal possession of 1.200 kilograms of
ganja. Hence, this case.
3. The learned counsel appearing for the petitioner submitted that
the petitioner has been falsely implicated in this case and he is in judicial
custody since 24.03.2026. It is further submitted that the petitioner is ready
to cooperate with the investigation and will appear before the respondent
police as and when required. The learned counsel further contended that the
petitioner is ready to abide by any conditions imposed by this Court. Hence,
he prayed for the grant of bail to the petitioner
4. The learned Government Advocate (Crl. Side) appearing for the
respondent, while opposing the bail to the petitioner, reiterated the
https://www.mhc.tn.gov.in/judis
prosecution's case and submitted that 7 previous cases are pending against
the petitioner.
5. At this juncture, the learned counsel for the petitioner submitted
that the petitioner, without prejudice to his defense and contention, is ready
and willing to deposit an amount of Rs.10,000/- to any association. Hence,
he prays for grant of bail to the petitioner.
6. Heard both sides and perused the materials available on record.
7. Considering the facts and circumstances of the case, the nature
of the allegations and the submissions made by learned counsel on either
side, and taking note of the period of incarceration undergone by the
petitioner as well as the fact that the petitioner has volunteered to deposit a
sum of Rs.10,000/- to the credit of the 'Tamil Nadu Advocates' Clerks
Association, Chennai', this Court is inclined to grant bail to the petitioner
subject to certain conditions.
8. Accordingly, the petitioner shall deposit a sum of Rs.10,000/-
(Rupees Ten Thousand only) as cost to the Tamil Nadu Advocate Clerk
Association, Chennai, Account No. 484026006, Branch: Indian Bank
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High Court, IFSC No.IDIB000M157 and on such deposit, 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 V Metropolitan Magistrate, Egmore
and on further conditions that:
[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 two weeks 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 petitioner in accordance with law as if the conditions had been imposed
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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 absconds, a fresh FIR may be registered under Section 269 of the Bharatiya Nyaya Sanhita, 2023.
06.05.2026 stn/ vum
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.
L. VICTORIA GOWRI, J.
stn/ vum
To
https://www.mhc.tn.gov.in/judis
1. The V Metropolitan Magistrate, Egmore.
2. The Inspector of Police, P-5, MKB Nagar Police Station, (Crime No.158 of 2026)
3. The Superintendent, Central Prison - II, Puzhal, Chennai.
4. The Public Prosecutor, High Court of Madras.
06.05.2026
https://www.mhc.tn.gov.in/judis
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