Vijayakumar v. The State Rep.By, The Inspector Of Police,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 22-01-2026
CORAM
THE HONOURABLE MR.JUSTICE K.RAJASEKAR
1. Vijayakumar S/o. Pichandi, No.185, Cross Sannathi Street, Govindavadi Agaram Village, Kancheepuram District. and another
2. Parvendan S/o. Gothandaraman, No.69/4, Main Road, Govindavadi Agaram Village, Kancheepuram District.
Petitioner(s) Vs
1. The State Rep.by, The Inspector of Police, F2, Banavaram Police Station, Ranipet District. Cr.No.305 of 2025.
Respondent(s) PRAYER To enlarge the petitioners on bail in Cr.No.305 of 2025 on the file of the Respondent Police.
For Petitioner: P.Muthamizhselvakumar For Respondent(s):
Mr.A.Gopinath Government Advocate(Crl. Side)
ORDER
The petitioners, who were arrested and remanded to judicial custody on
10.12.2025, for the alleged offence punishable under Sections 8(c) r/w. 20(b)(ii) (B), 29(1), 25 of NDPS Act, 1985 in Crime No.305 of 2025, on the file of the respondent police, seeks bail.
2. The allegation against the petitioners is that the petitioners joined hands with other accused involved in the possession and transportation of 1.100 kgs of ganja and they were arrested.
3. Learned counsel appearing for the petitioners submitted that on the date of occurrence, the petitioners herein were appeared before the Sessions Court, Tiruvallur and from there they were taken to the Police Station and the case was registered. He further submitted that it is a case of a put up case and already the petitioners are in custody from 10.12.2025. Hence, he prayed for grant of bail to the petitioners.
4. Learned Government Advocate (Crl.Side) appearing for the respondent police reiterated the prosecution case and submitted that the occurrence took place on 10.12.2025 evening hours and the petitioners were found in possession of ganja, and it is not a false implication. He further submitted that the 1st petitioner is having 18 previous cases, including 4 cases under the NDPS Act and the 2nd petitioner is having 8 previous cases, including 2 cases under the NDPS Act. However, he opposes to grant bail to the petitioners.
5. Heard both sides and perused the materials available on record including the First Information Report.
6. Considering the submissions made by the learned counsel on either
side, and the fact that the quantity involved in this case is just above the small quantity, that is 1.100 kgs of ganja, and the petitioners are in judicial custody from 10.12.2025, though certain previous cases are reported and considering the period of incarceration undergone by the petitioner and the contraband involved in this case, this Court is inclined to grant bail to the petitioners.
7. Accordingly, the petitioners are ordered to be released on bail on their executing a separate bond for a sum of Rs.20,000/- (Rupees Twenty Thousand only) with two sureties, for a like sum to the satisfaction of the learned Judicial Magistrate, Sholingur, and on further conditions that:- [a] the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the Magistrate may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity;
[b] the petitioners shall report before the Trial Court daily at 10.30 a.m., for a period of three weeks. [c] the petitioners shall not abscond either during investigation or trial;
[d] the petitioners shall not tamper with the evidence or witness either during investigation or trial; [e] On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate action
against the petitioners in accordance with law as if the conditions have been imposed and the petitioners 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];
[f] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 B.N.S.
22-01-2026 Mpa Index:Yes/No Speaking/Non-speaking order Internet:Yes 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 Judicial Magistrate, Sholingur.
1.The State Rep.by, The Inspector of Police, F2, Banavaram Police Station, Ranipet District. Cr.No.305 of 2025.
3.The Superintendent, Central Prison, Salem.
4.The Public Prosecutor, High Court, Madras.
K.RAJASEKAR J.
mpa CRL OP No. 1341 of 22-01-2026