Dharnish v. State Rep. By Inspector Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 16-02-2026
CORAM
THE HON'BLE MR.JUSTICE K.RAJASEKAR Dharnish ..Petitioner(s) Vs State Rep. By Inspector Of Police Kuniamuthur Police Station, Coimbatore.
Crime No.25 of 2026 ..Respondent(s) Prayer: This Criminal Original Petition is filed under Section 483 of BNSS to enlarge the petitioner on bail with Crime No.25 of 2026 on the file of the respondent police.
For Petitioner(s):
M/S.G.Paramasivam For Respondent(s):
Mr.A.Gopinath, GA (Crl.Side)
ORDER
The petitioner, who was arrested and remanded to judicial custody on 23.01.2026 for the offences punishable under Sections 8 (c), 20(b)(ii)(A), 29(1) of Narcotic Drugs & Psychotropic Substances Act 1985 and Section 123 of BNS 2023 in Crime No.25 of 2026 on the file of the respondent police, seeks
bail.
2.The case of the prosecution is that based on the secret information the respondent police went to the place of occurrence, and found the A2 in illegal possession of 200 grams of hemp (Ganja). Upon further investigation, it revealed that petitioner purchased the aforesaid contraband from A1. Hence, the case was registered.
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 23.01.2026 and there is no previous cases pending against the petitioner and he 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 instruction submitted the totally two accused involved in this case and the petitioner has been arrayed as A2. He further submitted that alleged contraband was seized from the accused 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 submissions made by learned counsel appearing on either side, the smaller quantity of contraband involved in this case and no previous case is pending against 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 the Judicial Magistrate Court No.7, Coimbatore 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. The Inspector Of Police Kuniamuthur Police Station, Coimbatore.
2. The Judicial Magistrate Court No.7, Coimbatore.
3. The Central Prison, Coimbatore.
4. The Public Prosecutor, High Court of Madras.
K.RAJASEKAR, J.
JAI 16-02-2026