Sheikdavoth v. The State Rep The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 29.01.2026

CORAM

THE HONOURABLE MR. JUSTICE K.RAJASEKAR Sheikdavoth ... Petitioner/Accused Vs.

The State represented by The Inspector of Police, PEW Periyanaickenpalayam Police Station, Coimbatore District.

(Crime No.2009 of 2023) ... Respondent PRAYER : Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the Petitioner/Accused on bail in Crime No.2009 of 2023 pending on the file of the respondent Police. For Petitioner :

Mr.J.Edison Gnanaraj For Respondent :

Mr.A.Gopinath Government Advocate (Crl.Side)

O R D E R

The petitioner, who was arrested and remanded to judicial custody on 21.12.2025, for the offence punishable under Sections 8(c), 20(b)(ii)(B) and 25 of Narcotic Drugs & Psychotropic Substances Act, 1985 in Crime No.2009 of 2023, registered on the file of the respondent, seeks bail.

2. The allegation against the petitioner is that, the petitioner was involved in illegal transportation of 8 kgs of ganja, however after seeing the 1/6

police he dropped the contraband and ran away. Hence, the case

3. The learned counsel appearing for the petitioner submitted that the petitioner is an innocent person and he has been falsely implicated in this case. He further submitted that, petitioner was arrested based on suspicion, since the petitioner was having some previous cases and he further submitted that, the contraband was not sent immediately to the Court and it was sent after the delay of two years. Hence, he prays to grant bail to the petitioner.

4. Learned Government Advocate (Crl.Side) appearing for the respondent police reiterated the prosecution case and submitted that the petitioner has two similar previous cases. Hence, he strongly opposed the grant of bail to the petitioner.

5. Heard both sides and perused the materials available on record.

6. Considering the fact that offence took place in the year 2023 and the petitioner was arrested only during 2025 and taking into account the period of incarceration, this Court is inclined to grant bail to the petitioner with certain conditions:

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7. Accordingly, the petitioner is ordered to be released on bail on their executing a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) with two sureties, each for a like sum to the satisfaction of the learned District Munsif Cum Judicial Magistrate, Madukkarai and on further conditions that:

[a] the sureties shall affix their photographs and Left Thumb Impression in the Application for Surety ship [Judicial Form No.46 annexed to 'The Criminal Rules of Practice, 2019']. The learned Magistrate shall obtain a copy of any one of the identity proofs to ensure their identity;

[b] the petitioner shall report before the respondent police daily at 10.30.a.m., for a period of three weeks and thereafter as and when required for interrogation;

[c] the petitioner shall make himself available for interrogation by a Police Officer as and when required; [d] the petitioner shall not directly or indirectly cause any threat to the de facto complainant and witnesses; [e] the petitioner to give an undertaking that if required for being identified by witnesses during investigation or for police custody beyond the first fifteen days, he shall comply to the directions as may be given by the Court in this regard;

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[f] On breach of any of the aforementioned conditions, the learned Magistrate/Trial Court is entitled to pass appropriate orders against the petitioner in accordance with law as if the aforementioned 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)13 SCC 283];

[g] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S. 29.01.2026 sma 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. District Munsif Cum Judicial Magistrate, Madukkarai 2.The Inspector of Police, PEW Periyanaickenpalayam Police Station, Coimbatore District.

3.The Central Jail, Coimbatore.

4.The Public Prosecutor, High Court of Madras.

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K.RAJASEKAR, J.

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