Rajan 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. 4443 of 2026 ---- Rajan
...Petitioner
Versus
The State represented by The Inspector of Police Bazaar Police Station Coimbatore District Crime No. 29 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. 29 of 2026 on the file of respondent police. For Petitioner : Mr.M.Dinesh Sharma, For Respondent : Mr.A.Gopinath Government Advocate, (Crl. Side) ------
ORDER
The petitioner, who was arrested and remanded to judicial custody on 21.01.2026 for the offences punishable under Sections 8(c), r/w 20(b)(ii)(B) and 29(1) of NDPS Act, 1985 in Crime No.29 of 2026 have been registered on the file of respondent police, seeks bail. 1/6
2. The case of the prosecution is that on 21.01.2026, based on a specific information, the respondent went near bush, Ukkadam, to Perur Bypass Road and intercepted the petitioner herein along with other accused, that after complying all the mandatory provisions under the NDPS Act, search and seizure were conducted, thereby it is found that the petitioner and other accused were in joint possession of 1.200 kilograms of Ganja for the purpose of illegal sale. Hence, the case has been registered and the petitioner was arrested on 21.01.2026.
3. The learned counsel for the petitioner submitted that the petitioner has been falsely implicated in this case, and he is in judicial custody since 21.01.2026; that the alleged contraband seized in this case falls under the definition of intermediate 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.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 there are totally three accused involved in this case, and A3 is still absconding, the contraband seized in this case is an intermediate quantity; that the petitioner is having one previous case; that the investigation of this case is pending. He opposed to grant bail to the petitioner.
5.I have heard the submissions made on both sides and perused the records.
6.Considering the submissions made on either side, and the facts and circumstances of the case, the quantity of contraband involved in this case is an intermediate quantity; and the period of incarceration undergone by the petitioner herein; and the co-accused was granted bail by this Court in Crl.O.P.No.3346 of 2026 vide order dated 13.02.2026; this Court is inclined to grant bail to the petitioner with certain conditions:- 3/6
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 learned Additional District Judge/Presiding Officer, Special Court for EC Act Cases, Coimbatore, 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 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];
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[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 Additional District Judge/Presiding Officer, Special Court for EC Act Cases, Coimbatore, 2.The Public Prosecutor High Court of Madras.
3.The Inspector of Police Bazaar Police Station Coimbatore District Crime No. 29 of 2026 4.The Superintendent of Central Prison, Coimbatore.
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K.RAJASEKAR J.
MSM Crl.O.P.No.4443 of 2026 23.02.2026 6/6
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