Hamsavarthan vs State Of Tamilnadu Rep By Inspector Of ...
2026 Latest Caselaw 2661 Mad

Citation : 2026 Latest Caselaw 2661 Mad
Judgement Date : 20 May, 2026

[Cites 6, Cited by 0]

Madras High Court

Hamsavarthan vs State Of Tamilnadu Rep By Inspector Of ... on 20 May, 2026

Author: R.Vijayakumar

Bench: R.Vijayakumar

                                                                          CRL OP(MD). No.9493 of 2026



                           BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                              ( Criminal Jurisdiction )

                                                Date : 20/05/2026

                                                    PRESENT

                                  The HONOURABLE MR. JUSTICE R.VIJAYAKUMAR

                                          CRL OP(MD). No.9493 of 2026


                     Hamsavarthan                                     ... Petitioner/Accused-2

                                                        Vs

                     State of Tamilnadu Rep by
                     Inspector of Police,
                     Prohibition Enforcement Wing,
                     Nagarcoil,
                     Kanyakumari District.
                     Crime No.53/2026.                            ... Respondent/Complainant


                                           For Petitioner : Mr.K.Vignesh

                                          For Respondent : Mr.E.Antony Sahaya Prabahar,
                                                          Additional Public Prosecutor


                           PETITION FOR BAIL Under Sec.483 of BNSS

                     PRAYER :-

                       For Bail in Crime No.53/2026 on the file of the respondent Police.
                     ORDER :

The Court made the following order :-

https://www.mhc.tn.gov.in/judis

The petitioner / Accused, who was arrested and remanded to judicial

custody on 11.04.2026 for the offences punishable under Sections 8(c),

20(b)(ii)(B), 25 and 29(1) of NDPS Act (Narcotic Drugs and

Psychotropic Substance Act), in Crime No.53 of 2026 on the file of the

respondent police, seeks bail.

2. The case of the prosecution is that during the course of routine

vehicle checking, the petitioner along with the other accused persons was

found moving in a suspicious manner. The respondent police conducted a

search and found that the petitioner and another accused person were in

illegal possession of 2.750 kilograms of ganja. Hence the case.

3. The learned counsel appearing for the petitioner would submit

that the petitioner is an innocent person and he was falsely implicated in

this case and he has not committed any offence as alleged by the

prosecution. He would further submit that he has been arrested and

remanded to judicial custody on 11.04.2026. Therefore, prayed to grant

bail for the petitioner.

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4. The learned Additional Public Prosecutor appearing for the

respondent would submit that the petitioner was in illegal possession of

2.750 Kilograms of ganja. He would further submit that the petitioner has

one previous cases, which is similar in nature and the investigation is

pending and the offences are grave in nature and hence, he strongly

opposed to grant bail to the petitioner.

5. This Court heard both sides and perused the materials available

on record.

6. Considering the rival submissions made by the learned counsel

on either side, nature of offence and quantity of contraband involved in

this case is not a commercial quantity and also considering 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

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each for a like sum to the satisfaction of the learned Principal

Special Court for Narcotic Drugs and Psychotropic Substance

Act Cases, Madurai and on further conditions that:

[b] the petitioner shall report before the respondent

police on every Monday and Friday 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;

[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

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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].