Citation : 2026 Latest Caselaw 2398 Mad
Judgement Date : 7 May, 2026
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 07.05.2026
CORAM
THE HONOURABLE Mr. JUSTICE L.VICTORIA GOWRI
Crl.O.P.No.11025 of 2026
Naveen ... Petitioner(s)
Vs.
The State rep. by
The Inspector of Police,
K-1 Sembium Police Station,
Chennai. ... Respondent(s)
Crime No.118 of 2026
PRAYER : Criminal Original Petition filed under Section 483 of BNSS, 2023,
to enlarge the petitioner on bail concerned in Crime No.118 of 2026 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 petitioner, who was arrested and remanded to judicial custody on
28.03.2026 for the alleged offences under Sections 8(c), 20(b)(ii)(B) of NDPS
Act and 25(1A) of Arms Act, in Crime No.118 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 was found in illegal
possession of 2 kg 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 28.03.2026 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.25,000/-, 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 13
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.
https://www.mhc.tn.gov.in/judis
6. Considering the nature of allegations, the voluntary submissions made
by the learned counsel for the petitioner and the period of incarceration
undergone by the petitioner, this Court is inclined to grant bail to the petitioner
with certain conditions.
7. 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 V
Metropolitan Magistrate, Egmore, Chennai, 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 of any one of the identity proofs to ensure their identity;
[b] The petitioner shall deposit a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) (Non refundable) towards the account of CANCER INSTITUTE (WIA), Adayar, Savings Bank Account maintained at Andhra Bank, Madhya Kailash Branch, Cancer Institute(WIA), Dr.S.Krishnamurthi Campus, Sardar Patel Road, Chennai-36, bearing SB Account No.149710011005477, IFS Code No.ANDB0001497, Branch Name and Code 1497, MICR No.600011049 and to produce the Bank Challan before the
https://www.mhc.tn.gov.in/judis learned V Metropolitan Magistrate, Egmore, Chennai, and the receipt shall be produced at the time of executing the bond;
[c] the petitioner shall report before the respondent police everyday at 10.30 a.m. for a period of three weeks and thereafter as and when required for interrogation;
[d] the petitioner shall not abscond either during investigation or trial;
[e] the petitioner shall not tamper with the evidence or witness either during investigation or trial;
[f] 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];
[g] if the petitioner thereafter abscond, a fresh FIR may be registered under Section 269 of the Bharatiya Nyaya Sanhita, 2023.
07.05.2026 dpa/stn
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 V Metropolitan Magistrate, Egmore, Chennai
2. The Superintendent, Puzhal Central Prison, Chennai.
3. The Inspector of Police, K-1 Sembium Police Station, Chennai.
4. The Public Prosecutor, High Court of Madras
https://www.mhc.tn.gov.in/judis L.VICTORIA GOWRI, J.
dpa/stn
07.05.2026
https://www.mhc.tn.gov.in/judis
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