[Cites 4, Cited by 0]
Madras High Court
M.Prakash vs The State Rep By, on 21 May, 2026
CRL OP No.13410 of 2026
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 21-05-2026
CORAM
THE HON'BLE MR.JUSTICE R.SAKTHIVEL
CRL OP NO. 13410 OF 2026
Prakash
S/o.Suresh,
No.22/286, Akraharam, Mettu Street,
Poonamallee, Tamilnadu – 600 056. ..Petitioner /Sole Accused
Vs
The State rep by,
The Inspector of Police
Manavala Nagar Police Station,
Thiruvallur.
(Crime No.91/2026) ...Respondent/Complainant
PRAYER:- Criminal Original Petition filed under Section 483 of the
Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 praying to enlarge the
petitioner on bail in Crime No.91/2026 pending on the file of the
respondent.
For Petitioner : Mr.J.Mohanraj
For Respondent : Mr.V.J.Priyadarsana
Government Advocate (Criminal Side)
ORDER
This Criminal Original Petition has been filed by the petitioner on
https://www.mhc.tn.gov.in/judis
18.05.2026 under Section 483 of Bharatiya Nagarik Suraksha Sanhita
(BNSS), 2023 praying to grant bail.
2 The petitioner / accused was arrested and remanded to
judicial custody on 07.04.2026 for the alleged offences punishable under
Sections 8(C), 20(b)(II)(A) of the Narcotic Drugs and Psychotropic
Substances Act, 1985, and Section 77 of Juvenile Justice (Care and
Protection of Children) Act, 2015, in Crime No.91 of 2026 on the file of
the respondent police.
3 The case of the prosecution is that based on the secret
information that the petitioner/sole accused is selling banned Ganja
products to the School and College students for more money and thereby
spoiling the life of younger generation, the respondent police along with
its team, reached the spot and found that the accused was in possession of
550 grams of ganja and sale amount of Rs.500/-. The accused was
subsequently arrested, and the contraband was seized. Hence, the case.
4 The learned counsel for the petitioner, submits that the
petitioner is an innocent person and he has not committed any offence as
https://www.mhc.tn.gov.in/judis
alleged by the prosecution. He further submits that the petitioner is the
sole bread-winner of his family and he has been in judicial custody since
07.04.2026. He further submits that the petitioner is ready to abide by
any stringent conditions that may be imposed by this Court. He therefore
prays to grant bail to the petitioner.
5 Per contra, Mr.V.J.Priyadarsana, learned Government
Advocate (Criminal Side) appearing for the respondent police submits
that the respondent-police seized 550 grams of ganja from the petitioner
and the petitioner is the sole accused in Crime No.91 of 2026, who has
been in judicial custody since 07.04.2026. He further submits that the
petitioner has 11 previous cases, which are not similar in nature.
6 Heard on both sides. This Court has perused the records.
7 The respondent police seized 550 grams of Ganja from the
petitioner. The petitioner was arrested on 07.04.2026 and he is in
incarceration since 07.04.2026. Considering the above reasons and the
quantity of contraband and period of incarceration, this Court is inclined
to grant bail to the petitioner, however, subject to certain conditions.
https://www.mhc.tn.gov.in/judis
Accordingly, bail is granted to the petitioner subject to the following
conditions:
(i) The petitioner shall execute a bond for Rs.10,000/- (Rupees Ten
Thousand only) along with two sureties each for a like sum of
Rs.10,000/- (Rupees Ten Thousand Only) to the satisfaction of the
learned Judicial Magistrate No.II, Thiruvallur. Among two sureties one
shall be a blood surety.
(ii) The sureties shall affix their photographs and left thumb
impression in the Application for Suretyship [Judicial Form No.46
annexed to 'The Criminal Rules of Practice, 2019']. The learned Judicial
Magistrate No.II, Thiruvallur, shall obtain a copy of any one of identity
proofs to ensure their identity.
(iii) The petitioner shall attend in accordance with the conditions of
the bond to be executed under Chapter XXXV of BNS, 2023.
(iv) The petitioner shall not commit an offence similar to the
offence of which he is accused, or suspected, of the commission of which
he is suspected.
(v) 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 him from disclosing such facts to the Court or
to any police officer or tamper with the evidence.
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(vi) The petitioner shall appear and sign before the respondent
police daily at 10.30 a.m. until further orders.
(vii) The petitioner shall not leave Tamil Nadu without prior
permission of the Trial Court.
(viii) On breach of any of the aforementioned conditions, the
learned Judicial Magistrate is entitled to pass appropriate orders against
the petitioner in accordance with law as if the aforementioned conditions
are imposed by them as laid down by the Hon'ble Supreme Court in P.K.
Shaji vs. State of Kerala [(2005) 13 SCC 283].
8 Accordingly, this Criminal Original Petition is allowed
subject to the conditions stated supra.
(R S V J)
21.05.2026
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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.
https://www.mhc.tn.gov.in/judis
To
1.The Judicial Magistrate II, Thiruvallur.
2.The Superintendent of Prison,
Puzhal Prison II – Chennai.
3.The Inspector of Police,
Manavala Nagar Police Station, Thiruvallur.
4. The Additional Public Prosecutor,
Madras High Court, Madurai.
https://www.mhc.tn.gov.in/judis
R. SAKTHIVEL,J
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Order made in
CRL OP NO. 13410 OF 2026
21.05.2026
https://www.mhc.tn.gov.in/judis
