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Madras High CourtCRL OP/3735/2026granted

S.Kalaiarasan v. The State Rep By, The Inspector Of Police

2026-02-16Honourable Mr.Justice K.Rajasekar5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 16-02-2026

CORAM

THE HON'BLE MR.JUSTICE K.RAJASEKAR S.Kalaiarasan ..Petitioner(s) Vs The State Rep By, The Inspector of Police Ramanathapuram Police Station, Coimbatore.

Crime No.31 of 2026 ..Respondent(s) Prayer: This Criminal Original Petition is filed under Section 483 of BNSS to enlarge the petitioner on bail in Crime No.31 of 2026 on the file of the Inspector of Police, Ramanathapuram police Station, Coimbatore. For Petitioner(s):

Mr.P.Praveen Kumar For Respondent(s):

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

ORDER

The petitioner, who was arrested and remanded to judicial custody on 03.02.2026 for the offences punishable under Sections 8(c), 20(b)(ii)(A) of the Narcotic Drugs and Psychotropic Substances Act 1985 and Section 123 of BNS, 2023, in Crime No.31 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 petitioner along with other accused in possession of 600 grams of ganja. 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 03.02.2026 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 submitted that the petitioner has been arrayed as A2 in this case. He further submitted that the respondent police seized 500 grams of ganja from A1 and 100 grams of ganja from the petitioner (A2) and petitioner has one previous case pending against him. Hence, he vehemently opposed to grant bail to the petitioner. 5.Taking into the quantity of contraband involved in this case, the

petitioner has one previous case, but it is not similar in nature 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 Court, VI, 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 Ramanathapuram Police Station, Coimbatore.

2. The Judicial Magistrate Court-VI, Coimbatore.

3. The Central Prison, Coimbatore.

4. The Public Prosecutor, High Court of Madras.

K.RAJASEKAR, J.

JAI 16-02-2026