K.Nithyanandam @ Pal Nithiya @ Beta vs State Rep. By, The Inspector Of Police,
2026 Latest Caselaw 2339 Mad

Madras High Court

K.Nithyanandam @ Pal Nithiya @ Beta vs State Rep. By, The Inspector Of Police, on 6 May, 2026

                                                                                      Crl.O.P.No.11682 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.11682 of 2026

                   Nithiyanandam @ Pal Nithiya @ Beta                            ... Petitioner(s)

                                                                Vs.


                   The State rep. by
                   The Inspector of Police,
                   T-1 Ambattur Police Station,
                   Thiruvallur District.                                         ... Respondent(s)
                   Crime No.135 of 2026

                   PRAYER : Criminal Original Petition filed under Section 483 of BNSS, 2023,
                   to enlarge the petitioner on bail concerned in Crime No.135 of 2026 pending on
                   the file of the respondent police.

                                     For Petitioner(s)          : Mr.C.Jeyachandran

                                     For Respondent(s)          : Mr.V.J.Priyadarsana,
                                                                  Government Advocate (Crl.Side)

                                                              ORDER

The petitioner, who was arrested and remanded to judicial custody on

04.04.2026 for the alleged offences under Section 8(c), 20(b)(ii)(A) and 25 of

NDPS Act in Crime No.135 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 petitioner was found in illegal

possession of 1.25 Kilograms of Ganja. 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 04.04.2026 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, on instructions, submitted that the petitioner has three

previous cases.

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 petitioners, the petitioners are directed to deposit a sum of Rs.10,000/-

(Rupees Ten 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 petitioner,

this Court is inclined to enlarge the petitioners on bail with certain conditions.

8. Accordingly, the petitioner is ordered to be released on bail on their

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, Ambattur 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 Practice, 2019']. The learned Magistrate shall obtain a copy

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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 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. 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 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 Judicial Magistrate, Ambattur

2. The Superintendent, Central Prison, Puzhal

3. The Inspector of Police, T-1 Ambattur Police Station, Thiruvallur District.

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