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Madras High CourtCRL OP/3477/2026granted

Mohammed Ansar v. State Of Tamilnadu Rep.By, The Inspector Of Police,

2026-02-13Honourable Mr.Justice K.Rajasekar6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 13-02-2026

CORAM

THE HONOURABLE MR JUSTICE K. RAJASEKAR CRL OP NO.3477 of 2026 Mohammed Ansar ... Petitioner/ Accused Vs The State of Tamil Nadu rep. by, The Inspector of Police, D5, Sundarapuram Police Station, Coimbatore.

(Crime No.25 of 2026) ... Respondent PRAYER : Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, to grant bail to the petitioner/accused in Crime No.25 of 2026 on the file of the respondent police. For Petitioner(s) :

Mr. O.S. Thilak Pasumbadiyar For Respondent(s) :

Mr. A. Gopinath Government Advocate (Crl. Side) ******* 1/6

ORDER

The petitioner, who was arrested and remanded to judicial custody on 11.01.2026 for the offences punishable under Sections 8(c), 20(b)(ii)(A) of NDPS Act, 1985 and Section 123 of BNS, 2023 in Crime No.25 of 2026, registered on the file of the respondent police, seeks bail. 2.

The case of the prosecution is that on 11.01.2026 based on a specific information, the respondent went to the place of occurrence and intercepted the petitioner herein; that after complying all the mandatory provisions under the NDPS Act, search and seizure was conducted, thereby it is found that the petitioner was in illegal possession of 100 grams of Ganja; that thereafter, a case was registered and subsequently, the petitioner was arrested and remanded to judicial custody.

3.

The learned counsel appearing for the petitioner submitted that the petitioner has been falsely implicated in this case and he is in judicial custody since 11.01.2026; that the alleged contraband seized in this case falls under the definition of small quantity; and that the petitioner is ready to abide by any conditions that may be imposed by this Court and sought for bail to the petitioner.

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4.

The learned Government Advocate (Crl. Side) appearing for the respondent while opposing the bail to the petitioner reiterated the prosecution case and stated that the petitioner was intercepted with 100 grams of ganja, which is a small quantity; that the petitioner has three previous cases under IPC offences; and that the investigation of this case is pending. 5.

Considering the submissions made, facts and circumstances of the case, the quantity of contraband involved in this case is a small quantity, the fact that the petitioner has no case under NDPS Act and the period of incarceration undergone by the petitioner herein, 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, Madhukkarai 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;

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[b] the petitioner shall report before the respondent police daily at 10:30 a.m., for a period of two weeks and thereafter, as and when required for interrogation;

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

13.02.2026 stn 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 4/6

will also have a QR code.

To

1. The Judicial Magistrate, Madhukkarai.

2. The Inspector of Police, D5, Sundarapuram Police Station, Coimbatore.

(Crime No.25 of 2026)

3. The Superintendent, Central Prison, Coimbatore.

4. The Public Prosecutor, High Court of Madras.

K. RAJASEKAR, J.

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Crl.O.P. No.3477 of 2026 13.02.2026 6/6