Ganesan v. State By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 29.01.2026

CORAM

THE HONOURABLE MR. JUSTICE K.RAJASEKAR Ganesan ... Petitioner/A7 Vs.

The State represented by The Inspector of Police, V5 Thirumangalam Police Station, Chennai.

(Crime No.750 of 2025) ... 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.750 of 2025 pending on the file of the respondent Police. For Petitioner :

Mr.P.K.Shiva Nagesh 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 07.01.2026 for the alleged offence punishable under Section 8(c) r/w.22(b) of the NDPS Act @ section 20(b)(ii)(A) & 22(b) of the NDPS Act, 1985 in Crime No.750 of 2025 on the file of the respondent police, seeks bail.

2. The allegation against the petitioner is that the petitioner is ranked as A7 in this case. Originally A1 was arrested with 0.040 LSD Stamp and 10 1/6

grams OG ganja. On investigation, it revealed that A1 is part of network of the drug peddlers in the city of Chennai and it revealed that totally 5 accused have been collaborated and involved in the offences. After arresting and recording the statement from other accused, it further revealed that the larger network of drug peddlers involved in Chennai city, particularly selling it into the elite groups of various professional fields. Hence, the case.

3. Learned counsel appearing for the petitioner submitted that total quantity seized in this case is not a commercial quantity. He further submitted that the petitioner is not having any previous case and there is no recovery from the petitioner. He further submitted that, co-accused were granted bail by this Court in Crl.O.P.No.128 of 2026. Hence, he prayed to grant bail to the petitioner.

4. Learned Government Advocate (Crl.Side) appearing for the respondent vehemently opposed granting bail to the petitioner on the ground that the investigation revealed that larger network of ganja peddlers acting in the various fields across Chennai. He further submitted that investigation in this case is still pending. Hence, he opposed to grant bail to the petitioner. 2/6

5. I have gone through the records and other statements of the various accused.

6. Considering the fact that there is no recovery from the petitioner and the fact that co-accused, who is similarly placed with the petitioner had been granted bail by this Court, this Court is inclined to grant bail to the petitioner with certain conditions.

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 XIII Metropolitan Magistrate, Egmore, Chennai 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;

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[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;

[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 4/6

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 XIII Metropolitan Magistrate Egmore, Chennai. 2.The Inspector of Police, V5 Thirumangalam Police Station, Chennai.

3.The Central Prison Puzhal, Chennai 4.The Public Prosecutor, High Court of Madras.

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K.RAJASEKAR, J.

sma 29.01.2026 6/6