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Madras High CourtCRL OP/3328/2026granted

Gokul Kannan v. The State Rep. By

2026-02-12Honourable Mr.Justice K.Rajasekar6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 12.02.2026

CORAM

THE HONOURABLE MR JUSTICE K.RAJASEKAR Gokul Kannan ... Petitioner

Versus

The State represented by The Inspector of Police Tiruppur South Police Station Tiruppur District Crime No. 7 of 2026.

... Respondent PRAYER: Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, to enlarge the petitioner on bail in Crime No.7 of 2026 on the file of respondent police, Tiruppur South Police Station, Tiruppur.

For Petitioner : Mr.P.Thinesh For Respondent : Mr.A.Gopinath Government Advocate (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) r/w 20(b)(ii)(B) and 29(1) of NDPS Act, in Crime No.7 of 2026 on the file of respondent 1/6

police, seeks bail.

2.The allegation against the petitioner is that the petitioner joined hands with other accused were found in possession of 2.250 kgs of Ganja and after completion of mandatory provisions, the accused were arrested and and remanded to judicial custody on 04.01.2026. 3.The learned counsel appearing for the petitioner submitted that the petitioner is an innocent and he has been falsely implicated in this case, and was in judicial custody since 04.01.2026. He further submitted that the petitioner is ready to abide by any stringent 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 [Criminal 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 Ganja was 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.

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

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[c] On breach of any of the aforementioned conditions, the learned Magistrate/Trial Court is entitled to pass appropriate orders against the 3rd 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];

[d] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S.

12.02.2026 MSM 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.

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To 1.The Judicial Magistrate No.2, Tiruppur, 2.The Superintendent of Central Prison, Coimbatore 3.The Public Prosecutor High Court of Madras.

4.The Inspector of Police Tiruppur South Police Station Tiruppur District Crime No. 7 of 2026.

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K.RAJASEKAR J.

MSM 12.02.2026 6/6