Kathirvel v. The State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 02-02-2026

CORAM

THE HONOURABLE MR.JUSTICE K.RAJASEKAR Kathirvel Petitioner Vs The State Rep by The Inspector of Police, Tiruppur South Police Station, Tiruppur District.

Crime No.7 of 2026 Respondent PRAYER This Criminal Original Petition is filed under Section 483 of BNSS to to enlarge the petitioner on bail pending investigation in Crime No.7 of 2026 on the file of the Inspector of Police, Tiruppur South Police Station, Tiruppur and thus render justice.

For Petitioner(s):

M/s.P.Thinesh For Respondent(s):

Ms.J.R.Archana, GA (Crl.Side)

ORDER

The petitioner, who was arrested and remanded to judicial custody on 04.01.2026 for the offences punishable under Sections 8 (c ) read with Section 20(b)(ii)(B) and 29(1) of NDPS Act, in Crime No.7 of 2026 on the file of the respondent police, seeks bail.

2.The allegation against the petitioner is that on the date of allege occurrence, the respondent police found the petitioner along other accused in

possession of 2.250 kgs of Ganja. 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 and was in judicial custody since 04.01.2026. He further submitted that petitioner is ready to abide by any stingent condition that may be imposed upon him by this Court. Hence, he prays for grant of bail to the petitioner. 4.The learned Government Advocate (Crl.Side) appearing for the respondent police reiterated the prosecution's case and on instructions submitted that there is no previous case pending against the petitioner and from this petitioner 1.150 Kg of Ganga were seized by the respondent police. He further submitted that the investigation in this case is pending and if the petitioner is released on bail, he will hamper the investigation and prayed for dismissal of the bail petition.

5.Considering the nature of allegation; period of incarceration; the submissions made on either side, alleged contraband was seized by the respondent police and since further custodial interrogation of the petitioner is not required for the purpose of investigation, this Court is inclined to grant bail to the petitioner with certain conditions.

6. Accordingly, the petitioner is ordered to be released on bail on his executing a bond for a sum of Rs.20,000/- (Rupees Twenty Thousand only) with two sureties, each for a like sum to the satisfaction of the learned Judicial Magistrate No.2, Tiruppur 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 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 not abscond either during investigation or trial;

[d] the petitioner shall not tamper with 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 petitioner in accordance with 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]; [f] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 B.N.S 02-02-2026 Jai To 1.The Inspector of Police, Tiruppur South Police Station, Tiruppur District.

2. The Judicial Magistrate No.2, Tiruppur.

3. The Central Prision, Coimbatore.

4. The Public Prosecutor, High Court of Madras.

K.RAJASEKAR J.

CRL OP No. 2290 of 02-02-2026