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Madras High CourtCRL OP/3685/2026granted

Sankaran v. State Rep.By, Inspector Of Police,

2026-02-16Honourable Mr.Justice K.Rajasekar6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 16-02-2026

CORAM

THE HON'BLE MR. JUSTICE K. RAJASEKAR Sankaran ..Petitioner(s) Vs State rep.by, Inspector of Police, Natrampalli Police Station, Thirupattur District.

Crime.No.434/2025.

..Respondent(s) Prayer: This Criminal Original Petition is filed under Section 483 of BNSS to enlarge the petitioner on bail in Crime. No.434 of 2025 pending on the file of the respondent.

For Petitioner(s):

Mr.E.Kannadasan For Respondent(s):

Mr.A.Gopinath, GA (Crl.Side)

ORDER

The petitioner, who was arrested and remanded to judicial custody on 31.12.2025 for the offences punishable under Sections 8(b) read with Sections 20 (a)(i) of Narcotic Drugs & Psychotropic Substances Act,. 1985, in Crime No.434 of 2025 on the file of the respondent police, seeks bail.

2.The case of the prosecution is that on 30.12.2025, based on the secret information, the respondent police rushed to spot, conducted search and seized 2 big ganja plants and 10 small ganja plants. Hence, the case was registered against the petitioner.

3. The learned counsel appearing for the petitioner would submit that the petitioner is innocent and he has been falsely implicated in this case. He would further submit that the petitioner is in custody from 31.12.2025 and there is no previous cases pending against the petitioner and petitioner is ready to abide by any stringent condition that may be imposed by this Court. Hence, he prayed for the 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 2 big ganja plant and 10 small ganja plants were seized from the accused, petitioner has no previous case pending against him and investigation in this case is still pending. Hence, he vehemently opposed for grant of bail to the petitioner.

5.Taking into consideration of the facts and circumstances, the alleged ganja plants were seized from the petitioner, no previous case is pending against

the petitioner and also considering the period of incarceration undergone by the petitioner, this Court is inclined to grant bail to the petitioner subject to the following conditions:

6. Accordingly, the petitioner is ordered to be released on bail on his executing 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 No,III, Tirupattur 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 appear before the respondent police everyday at 10.30 a.m. for the period of three weeks and thereafter as and when required for interrogation; (c) the petitioner shall not tamper with evidence or witness either during investigation or trial;

(d) the petitioner shall not abscond 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 petitioners 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]; and;

(f) if the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S.

16-02-2026 Index: Yes/No Speaking/Non-speaking order JAI 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. Inspector of Police, Natrampalli Police Station, Thirupattur District.

2. The Judicial Magistrate No.III, Tirupattur.

3. The Central Prison, Salem.

4. The Public Prosecutor, High Court of Madras.

K.RAJASEKAR, J.

JAI 16-02-2026