Citation : 2026 Latest Caselaw 2586 Mad
Judgement Date : 14 May, 2026
CRL OP No. 12656 of 2026
sIN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 14-05-2026
CORAM
THE HON'BLE MR.JUSTICE P. DHANABAL
CRL OP No. 12656 of 2026
Narendaran
S/o. Parthasarathy
..Petitioner(s)
Vs
State Rep. by Inspector of Police
P-3, Vysarpadi Police Station,
Chennai.
Crime No. 172/2026.
..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 Crime No. 172 of 2026 on
the file of the respondent.
For Petitioner(s): Mr.M.Manimaran
For Respondent(s): Mr.V.J.Priyadarsana,
Government Advocate (Crl.Side)
ORDER
The petitioner, who was arrested and remanded to judicial custody on
14.02.2026 for the offences punishable under Sections 8(c) r/w 20(b)(ii)(B) of
the NDPS Act, 1985, in Cr. No.172 of 2026 on the file of the respondent police,
seeks bail.
2. The case of the prosecution is that the petitioner along with the other
accused was found in illegal possession of 1.300 kgs of Ganja for sale. Hence __________ Page1 of 5 https://www.mhc.tn.gov.in/judis
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 14.02.2026. 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) would submit that
the petitioner along with the other accused was found in illegal possession of
1.300 Kgs of Ganja for sale. He further submits that there is one previous case
of similar in nature pending against the petitioner 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 made on either side and the nature
of the offences charged against the accused and also the fact that the quantity
seized does not fall under the category of commercial quantity and that though
there is one previous case pending against the petitioner, he was released on bail
in that case and considering the period of incarceration undergone by the __________ Page2 of 5 https://www.mhc.tn.gov.in/judis
petitioner and the fact that the contraband was not recovered from this
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 X Metropolitan Magistrate
at Egmore, Chennai, 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
learned Judicial Magistrate/Trial Court is entitled to take
appropriate action against the petitioner in accordance with law as __________ Page3 of 5 https://www.mhc.tn.gov.in/judis
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.
14-05-2026 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 Inspector of Police P-3, Vysarpadi Police Station, Chennai.
Crime No. 172/2026.
2. The X Metropolitan Magistrate at Egmore, Chennai.
3. The Public Prosecutor, High Court, Madras.
4.The Superintendent, Puzhal -II, Central Prison, Chenani.
__________ Page4 of 5 https://www.mhc.tn.gov.in/judis
P.DHANABAL, J.
ssa
14-05-2026
__________ Page5 of 5 https://www.mhc.tn.gov.in/judis
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