Jainulabudeen v. The State Rep By,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 10-03-2026

CORAM

THE HON'BLE MR.JUSTICE C.KUMARAPPAN Jainulabudeen S/o.Yusuf, No.10/32, Venkata Iyer Street, Mnnady, Chennai District.

..Petitioner(s) Vs The State Rep By, The Inspector of Police, V-5 Thirumangalam Police Station, Chennai District.

Crime No.750 of 2025 ..Respondent(s) To enlarge the petitioner on bail in Crime No.750 of 2025 on the file of the respondent police and thus render justice. For Petitioner(s):

Mr.P.MuthamizhSelvakumar For Respondent(s):

Mr.S.Vinoth Kumar Government Advocate (Crl. Side)

ORDER

The petitioner, who was arrested and remanded to judicial custody on 23.01.2026 under PT warrant, for the alleged offences under Section 8(c) r/w 22(b) @ 20(b)(ii)(A) and 22(b) of NDPS Act, 1985, in Crime No.750 of 2025 on the file of the respondent police, seeks bail.

2. This case has been registered against the petitioner and others for illegal possession of 4 Nos of LSD stamps. Hence, the case.

3. The learned counsel appearing for the petitioner would submit that there is no recovery from the petitioner and that he has been implicated in this case by way of a confession statement given by the other accused and that those accused have already been released on bail by this Court in various bail applications viz., Crl.O.P.Nos.35466, 34557, 35913, 35870 of 2025 and 128, 261 and 4594 of 2026. He would further submit that the petitioner has been under incarceration since 23.01.2026 and he seeks for bail.

4. Thought the learned Government Advocate (Criminal side) appearing for the respondent police would strongly oppose this application, would fairly concede that there was no recovery from the petitioner and that he has been implicated only based upon the confession statement of the co-accused and that the accused, those who have given confession, have already been released on bail and apart from that, the quantity of the contraband seized is only an intermediate quantity.

5.In such view of the position, taking into consideration the enlargement of bail to the other accused, this Court would like to give parity in line with that

of the co-accused to this petitioner. Hence, considering the incarceration of the petitioner since 23.01.2026, this Court is inclined to grant bail to the petitioner, subject to the following stringent conditions:

7. Accordingly, the petitioner is ordered to be released on bail on his executing a 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 XIII Metropolitan Magistrate Court, Egmore, 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] the petitioner shall report before the Inspector of Police, N-3 Muthialpet Police Station, daily at 08.00 a.m for a period of one month and thereafter, as and when required for investigation. [c] the petitioner shall not abscond either during investigation or trial; [d] the petitioner shall not tamper with the evidence or witness either during investigation or trial;

[e] 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]:

[f] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S.

10-03-2026 ATA 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 XIII Metropolitan Magistrate Court, Egmore.

2. The Inspector of Police, V-5 Thirumangalam Police Station, Chennai District.

3. The Inspector of Police, N3 Muthialpet Police Station.

4. The Superintendent of Police, Central Prison, Puzhal.

5. The Public Prosecutor, High Court of Madras.

C.KUMARAPPAN, J.

ATA 10-03-2026