Citation : 2026 Latest Caselaw 2483 Mad
Judgement Date : 13 May, 2026
CRL OP No. 12020 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. 12020 of 2026
Ashokkumar
..Petitioner(s)
Vs
State rep by the Inspector of Police,
Vadalur Police Station,
Cuddalore District
Cr.No.89 of 2026
..Respondent(s)
Prayer: The Criminal Original Petition is filed under Section 483 of B.N.S.S., to
enlarge the petitioner on bail in Cr.No.89 of 2026 on the file of the respondent
police.
For Petitioner(s): Mr.B.Ramar
For Respondent(s): Mr.R.Vinoth Raja
Government Advocate (Crl. Side)
ORDER
The petitioner, who was arrested and remanded to judicial custody on
05.04.2026 for the offences punishable under Sections 8(c), 22(b) and 29(I) and
25 of NDPS Act in Cr.No.89 of 2026 on the file of the respondent police, seeks
bail.
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2. The case of the prosecution is that the petitioner along with other
accused were found to be in possession of 5 grams of methamphetamine,
siranjee and one cell phone. Hence, the case.
3. The learned counsel for the petitioner would contend that the
petitioner is under judicial custody since 05.04.2026. He further submits that the
petitioner is an innocent person and he has not committed any offence as
alleged by the prosecution. Therefore he prayed to grant bail to the petitioner.
4. The learned Government Advocate (Criminal Side) reiterated the
prosecution case and submitted that investigation is pending and the offences
are grave in nature , the petitioner has not got any previous cases. However, he
opposed for grant of bail to the petitioner.
5. Heard both sides and perused the materials available on record.
6. Considering the rival submissions made on either side and the nature of
offence and the fact that the quantity involved is not a commercial quantity and
that the petitioner has not got any previous cases and also taking into
consideration the period of incarceration undergone by the petitioner, this Court
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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,
Kurinjipadi 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 he is accused, or suspected, or of the
commission of which he 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;
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[f] On breach of any of the aforesaid conditions, the
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
Anu
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.
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To
1. The Judicial Magistrate, Kurinjipadi
2. The Inspector of Police, Vadalur Police Station, Cuddalore District
3. The Superintendent Central Prison, Cuddalore
4. The Public Prosecutor, Madras High Court.
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P.DHANABAL, J.
Anu
13-05-2026
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