Citation : 2026 Latest Caselaw 2350 Mad
Judgement Date : 6 May, 2026
CRL OP No. 11717 of 2026
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 06-05-2026
CORAM
THE HON'BLE MRS.JUSTICE L.VICTORIA GOWRI
CRL OP No. 11717 of 2026
Bholanath Pradhan
..Petitioner
Vs
The State rep.by,
The Inspector of Police,
PEW Tiruppur Police Station,
Tiruppur District.
Crime No.111 of 2026. ..Respondent
Prayer: Criminal Original Petition filed under section 483 of B.N.S.S, to
enlarge the petitioner on bail in Crime No.111 of 2026 on the file of the
respondent police.
For Petitioner: Mr.P.Muthamizhselvakumar
For Respondent: Mr.V.J.Priyadarsana
Government Advocate (Crl.Side)
ORDER
The petitioner, who was arrested and remanded to judicial custody on
02.04.2026 for the alleged offence under Section 8(c) r/w 20(b)(ii)(B) of
Narcotic Drugs and Psychotropic Substances Act, 1985 in Crime No.111 of
2026 on the file of the respondent police, seeks bail.
2. The case of the prosecution is that the petitioner was found in illegal
possession of 5.200 kg of ganja. Hence, the case.
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3. The learned counsel appearing for the petitioner submitted that the
petitioner is innocent and has been falsely implicated in this case without any
basis. It is submitted that the petitioner is ready to cooperate with the
investigation and he will appear before the respondent police as and when
required. The learned counsel would further contend that the petitioner is ready
to abide by any condition imposed by this Court. Hence, he prayed for granting
bail to the petitioner.
4. The learned Government Advocate (Criminal Side) appearing for the
respondent police, while opposing for grant of bail to the petitioner, reiterated
the prosecution case and submitted that the petitioner is the sole accused and he
was arrested on 02.04.2026.
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.20,000/- 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
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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.20,000/- 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.20,000/- (Rupees
Twenty Thousand only) as cost to the Tamil Nadu Advocate Clerk
Association, Chennai, Account No. 484026006, Branch: Indian Bank 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 Additional District Judge Special Court under EC & NDPS Act
Cases at Coimbatore 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;
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[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 NSL/SHL
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 Additional District Judge, Special Court under EC & NDPS Act Cases, Coimbatore.
2. Central Prison, Coimbatore.
3. The Inspector of Police, PEW Tiruppur Police Station, Tiruppur District.
4. The Public Prosecutor, High Court of Madras.
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L.VICTORIA GOWRI, J.
NSL/SHL
06-05-2026
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