Citation : 2026 Latest Caselaw 2479 Mad
Judgement Date : 13 May, 2026
CRL OP No. 11656 of 2026
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 13-05-2026
CORAM
THE HON'BLE MR.JUSTICE P. DHANABAL
CRL OP No. 11656 of 2026
Mathanthass @ Vellai Mathan
..Petitioner(s)
Vs
The State Rep.by.
The Inspector of Police,
Tiruppur South Police Station,
Tiruppur.
Cr.No.716 of 2025.
..Respondent(s)
Prayer: The Criminal Original Petition is filed under Section 483 of B.N.S.S., to
enlarge the petitioner on bail pending investigation in Cr.No.716 of 2025 on the
file of the Inspector of Police, Tiruppur South Police Station, Tiruppur.
For Petitioner(s): Mr.P.Thinesh
For Respondent(s): Mr.R.Vinothraja
Government Advocate (Crl.Side)
ORDER
The petitioner, who was arrested and remanded to judicial custody on
27.03.2026 for the offences punishable under Sections 8(c) r/w. 22(b), 25 and
29(1) of NDPS Act, 1985 in Cr. No.716 of 2025 on the file of the respondent
police, seeks bail.
2. The case of the prosecution is that based on the secret information
with regard to the illegal selling of Methamphetamine, the respondent police __________ Page1 of 6 https://www.mhc.tn.gov.in/judis
conducted search and found the petitioner with illegal possession of 2.5 grams
of Methamphetamine. Hence the case.
3. The learned counsel for the petitioner would contend that the
respondent police have registered a false case against the petitioner. The
petitioner is under judicial custody since 27.03.2026. He further submits that the
petitioner is an innocent person and he has not committed any offence as
alleged by the prosecution. He further submits that this case has been foisted
against the petitioner for statistical purpose. Therefore he prayed to grant bail to
the petitioner.
4. The learned Government Advocate (Criminal Side) would submit that
the petitioner was found in illegal possession of 2.5 grams of
Methamphetamine. He further submits that the petitioner has five previous
cases pending against him. He further submits that this petitioner is arrayed as
A10 and if he is released on bail, he may abscond and would commit similar
kind of offences in future as well. Hence, he strongly opposed to grant bail to
the petitioner.
5. Heard both sides and perused the materials available on record.
6. Considering the rival submissions on either side, nature of offences, __________ Page2 of 6 https://www.mhc.tn.gov.in/judis
though the petitioner has got five previous cases pending against him,
considering the fact that same are not of similar nature and also considering the
fact that the quantity seized does not fall under the category of commercial
quantity and the period of incarceration undergone by the petitioner, this Court
is inclined to grant bail to the petitioner, subject to the following conditions:
[a] Accordingly, the petitioner is ordered to be released on
bail on condition to execute 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 No.2,
Tiruppur and on further conditions that:
[b] the petitioner shall report before the respondent
Police daily at 10.30 a.m. until further orders;
[c] the petitioner shall not commit any offence similar to
the offence of which she is accused, or suspected, or of the
commission of which she is suspected;
[d] the petitioner shall not abscond either during
investigation or trial;
[e] the petitioner shall not directly or indirectly make any
inducement, threat or promise to any person acquainted with the
facts of the case so as to dissuade her from disclosing such facts to
the Court or to any police officer or tamper with the evidence;
[f] On breach of any of the aforesaid conditions, the __________ Page3 of 6 https://www.mhc.tn.gov.in/judis
learned Judicial 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 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
[(2005)AIR SCW 5560].
[g] If the accused thereafter absconds, a fresh FIR can be
registered under Section 269 B.N.S.2023.
13-05-2026 rap
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.
rap
__________ Page4 of 6 https://www.mhc.tn.gov.in/judis
To
1. The Inspector of Police, Tiruppur South Police Station, Tiruppur.
Cr.No.716 of 2025.
2. The Judicial Magistrate No.2, Tiruppur.
3. The Central Prison, Coimbatore.
4. The Public Prosecutor, High Court of Madras.
__________ Page5 of 6 https://www.mhc.tn.gov.in/judis
P.DHANABAL, J.
rap
13-05-2026
__________ Page6 of 6 https://www.mhc.tn.gov.in/judis
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