Pushpalatha v. The State Rep. By The Inspector Of Police,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 23.02.2026
CORAM
THE HONOURABLE MR JUSTICE K.RAJASEKAR Crl.O.P.No. 4364 of 2026 ---- Pushpalatha
...Petitioner
Versus
The State represented by The Inspector of Police D3 Ice House Police Station Chennai (Crime No. 42 of 2026.
... Respondent Prayer: Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 praying to enlarge the petitioner on bail in Crime No. 42 of 2026 on the file of respondent police. 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 09.02.2026 for the offences punishable under Sections 8(c), 20(b)(ii)(A) and r/w Section 123 of BNS Act, in Crime No. 42 of 2026 have been registered on the file of respondent police, seeks bail. 1/6
2. The allegation against the petitioner is that the petitioner was found in possession of 40 grams of Ganja and 50 numbers of Tydol tablets illegally, and the petitioner was intercepted by the respondent police and he was arrested and remanded to judicial custody on 09.02.2026.
3. The learned counsel for the petitioner submitted that the quantity of Ganja seized is a small quantity. Further, the Tydol tablets were recovered, which do not fall within the schedule of contraband listed under the NDPS Act, and the petitioner has been incarceration since 09.02.2026. Hence, he prayed to grant bail to the petitioner.
4.Mr.A.Gopinath, learned Government Advocate, (Criminal Side) appearing for the respondent, while opposing the bail to the petitioner, reiterated the prosecution case and submitted that the petitioner is not having any previous case and investigation is pending, and hence, opposed to grant bail to the petitioner herein.
5.I have heard the submissions made on both sides and perused the records.
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6. Considering the nature of allegations; and the fact that the petitioner is not having any previous case; and the quantity involved in this case which is a small quantity, this Court is inclined to grant bail to the petitioner with certain conditions:-
7. Accordingly, the petitioner is ordered to be released on bail on their 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 II Metropolitan Magistrate, Egmore, Chennai, 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 a.m., for a period of four 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 3/6
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.
23.02.2026 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.
To 1.The II Metropolitan Magistrate, Egmore, Chennai.
2.The Public Prosecutor High Court of Madras.
3.The Inspector of Police D3 Ice House Police Station Chennai, (Crime No. 42 of 2026.
4.The Superintendent of Central Prison, Puzhal. Chennai.
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K.RAJASEKAR J.
MSM Crl.O.P.No. 4364 of 2026 23.02.2026 6/6
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