Sanuja Bagar v. State Rep. By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 03-02-2026

CORAM

THE HONOURABLE MR.JUSTICE K.RAJASEKAR

1. Sanuja Bagar D/o. Siyam Kumar Begar, Rengali, Sambalpur, Odisha 768212. and 2 Others

2. Rampravesh S/o. Santlal, School Para, Bhaui alias jhor balrampur, BAartikala Chhattisgarh 497223

3. Banita Bagh D/o.Maguni Nial, Mukhyagali, SA Kalapathar, Banbu (Bankbija) S Kalapathar, Subaranapur, Odisha--767017.

Residing at Pudur Pirivu, Angeripalayam, Tiruppur-641603.

Petitioner(s) Vs

1. State rep. by The Inspector of Police, PEW Tiruppur Police Station, Tiruppur District. Crime No.452 of 2025 Respondent(s) PRAYER pleased to enlarge the Petitioner on bail in connection wit Crime No.452/2025 on the file of the Respondent, PEW Tiruppur Police Station, Tiruppur City and thus render justice.

For Petitioner(s):

M/S.G.Pandian For Respondent(s):

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

ORDER

The petitioners, who were arrested and remanded to judicial custody on 25.12.2025, for the offences punishable under Sections 8(c) r/w. 20(b)(ii)(B) and 29(1) of NDPS Act 1985 in Crime No.452 of 2025, registered on the file of the respondent police, seeks bail.

2.The allegation against the petitioners is that, the petitioners were found in possession of 12 kgs of Ganja. 1st and 3rd petitioners are hailing from Odisha and the 2nd petitioner is hailing from Chattisgarh and they purchased it from neighbouring state and brought it to Coimbatore for the purpose of selling the same to various college students and other distributors and they have been intercepted and the contraband was seized. Hence the petitioners were arrested. 3.The learned counsel appearing for the petitioners submitted that the contraband seized is only intermediate quantity and is not a commercial quantity. Hence section 37 of NDPS Act is not applicable and considering the period of custody prays for grant of bail to the petitioners.

4. The learned Government Advocate (Crl. Side) appearing for the respondent reiterated the prosecution case and submitted that 1st petitioner is having one previous case similar in nature and the other petitioners are not

having any previous case. He further submitted that all the petitioners are hailing from other state and the investigation is pending. Hence, opposed for grant of bail to the petitioners.

5. Considering the fact that A1 is a habitual offender involved, I am of the view that 1st petitioner is not entitled for bail. Accordingly, this petition is dismissed in so far as 1st petitioner is concerned.

6. Considering the quantity involved in this case and the period of custody and there is no previous case against the petitioners 2 and 3, I am inclined to grant bail to the petitioners 2 and 3 with certain conditions.

7. Accordingly, the petitioners 2 and 3 are ordered to be released on bail on their executing a separate 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 Judicial Magistrate-II, 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 petitioners shall report before the respondent police daily at 10.30 a.m., for a period of four

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 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.

03-02-2026 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-II, Tiruppur.

1.State rep. by The Inspector of Police, PEW Tiruppur Police Station, Tiruppur District. Crime No.452 of 2025 3.The Superintendent, Central Jail, Coimbatore.

4.The Public Prosecutor, High Court, Madras.

K.RAJASEKAR J.

mpa CRL OP No. 2396 of 03-02-2026