Citation : 2026 Latest Caselaw 2450 Mad
Judgement Date : 13 May, 2026
CRL OP(MD). No.9419 of 2026
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
Dated : 13/05/2026
CORAM
THE HONOURABLE MR. JUSTICE K.K. RAMAKRISHNAN
CRL OP(MD). No.9419 of 2026
Ajaykarthik ... Petitioner/Accused No.2
Vs
State of Tamilnadu Rep by,
The Inspector of Police,
Town East Police Station,
Thanjavur, Thanjavur District.
(Crime No. 158 of 2026). ... Respondent/Complainant
PRAYER :-
For Bail in Crime No. 158 of 2026 on the file of the Respondent
Police.
For Petitioner : Mr.Ramesh. M,
Advocate.
For Respondent : Mr.S.Ravi,
Additional Public Prosecutor
ORDER :
The Court made the following order :-
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The petitioner, who was arrested and remanded to judicial custody
on 15.04.2026 for the offences punishable under Sections 8(c) & 20(b)
(ii)(B) of NDPS Act, in Crime No.158 of 2026 on the file of the
respondent police, seeks bail.
2. The case of the prosecution is that on 15.04.2026, at about
11.30 a.m, on secret information from the informant that some persons
were selling ganja near Royal City Garden, Thanjavur, by parking the car
bearing Reg.No.TN-61-R-6635 and two wheelers bearing
Reg.Nos.TN-39-CL-3006 and TN-48-AJ-6774, the respondent police
went to the place of occurrence, and on search, they found the petitioner
and the other accused were in illegal possession of 2.500 kg of ganja.
Hence, the complaint.
3. The learned counsel for the petitioner submitted that the
petitioner is an innocent person and he has not committed any offences as
alleged by the prosecution. He further submitted that even as per FIR, no
recovery was made from the petitioner and the petitioner is in judicial
custody from 15.04.2026. Hence, he seeks bail to the petitioner.
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4. The learned Additional Public Prosecutor submitted that the
petitioner and other accused were found in illegal possession of 2.500 kg
of ganja and the offence is grave in nature and the investigation is at a
preliminary stage and the petitioner has 1 previous case. Hence, he
strongly opposed for grant of bail to the petitioner.
5. Taking into consideration of the facts and circumstances of the
case and also considering the fact that though the petitioner has 1
previous case, the quantity involved in this case is not a commercial
quantity and also considering the period of incarceration suffered by the
petitioner, this Court is inclined to grant bail to the petitioner, subject to
the following conditions:
6. Accordingly, the petitioner is ordered to be released on bail on
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
Additional District and Sessions Judge/Presiding Officer, Special Court
for Essential Commodities Act Cases, Thanjavur, and on further
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conditions that :-
[a] the petitioner and the sureties shall affix their
photographs and left thumb impression in the surety bond
and the Magistrate may obtain a copy of their Aadhaar card
or bank pass book to ensure their identity;
[b] the petitioner shall report before the
respondent police daily at 10.30 a.m., until further
orders;
[c] the petitioner shall not tamper with the evidence
or witness either during investigation or trial;
[d] the petitioner shall not abscond either during
investigation or trial;
[e] On breach of any of the aforesaid conditions, the
learned Magistrate/Trial Court is entitled to take
appropriate action against the petitioner in accordance
with law as if the conditions have been imposed and the
petitioner is released on bail by the learned
Magistrate/Trial Court himself as laid down by the
Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala
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[(2005)AIR SCW 5560];
[f] If the accused thereafter absconds, a fresh FIR can be
registered under Section 269 BNS.
13.05.2026 DSS
TO
1. The Additional District and Sessions Judge/Presiding Officer, Special Court for Essential Commodities Act Cases, Thanjavur,
2. The Inspector of Police, Town East Police Station, Thanjavur, Thanjavur District.
3. The Superintendent, District Prison, Thanjavur.
4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
https://www.mhc.tn.gov.in/judis
K.K. RAMAKRISHNAN,J
DSS
ORDER IN
Date : 13/05/2026
https://www.mhc.tn.gov.in/judis
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