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Madras High CourtCRL OP/2976/2026disposed of

Mariappan v. The State Rep By Its,

2026-02-24Honourable Mr.Justice K.Rajasekar4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 24.02.2026

CORAM

THE HONOURABLE MR JUSTICE K.RAJASEKAR Crl.O.P.No.2976 of 2026 Mariappan ... Petitioner Vs.

State represented by The Inspector of Police, Guduvanchery PEW Police Station, Guduvancherry.

... Respondent PRAYER : Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioner on bail pending trial in CC.No.33 of 2025, investigation on the file of the II Addl.Special Judge for NDPS Act Cases, Chennai.

For Petitioner : Mr.O.Chembulingam 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 12.08.2024 for the alleged offence under Sections 8(c) r/w 20(b)(ii)(C) of 1/4

NDPS Act in Cr.No.225 of 2024 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that on 12.08.2024, based on the secret information, the respondent and his team conducted a search at Guduvancherry Bus Stand, wherein they found that the accused is in illegal possession of 22 grams of ganja. Hence, the case has been registered and the petitioner was arrested.

3. The petitioner by relying on the evidence recorded by the trial court and also by interpreting the evidence of PW1 one Marisamy and this Court earlier dismissed the petitioner's bail petition twice. This is the 3rd bail petition and this petition is based on the interpretation of the evidence recorded before the trial court and the trial Court has not considered the bail petition on this ground. Hence, this Court is of the view that the petitioner shall file the petition before the concerned trial Court by relying on the very same grounds and only thereafter this Court can interfere with the order of the trial Court.

4. Accordingly, this Criminal Original Petition is disposed of with liberty to the petitioner to move before the trial Court, raise this point. 24.02.2026 Vv 2/4

To

1. The Inspector of Police, Guduvanchery PEW Police Station, Guduvancherry.

2. The Public Prosecutor, High Court of Madras.

3/4

K.RAJASEKAR , J.

Vv Crl.O.P.No.2976 of 2026 24.02.2026 4/4