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Madras High CourtCRL OP/6174/2026granted

Thamizhselvan v. U.T Of Puducherry Rep.By, The Station House Officer (Sho),

2026-03-10Honourable Mr.Justice C.Kumarappan6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 10-03-2026

CORAM

THE HON'BLE MR.JUSTICE C.KUMARAPPAN Thamizhselvan S/o. Kirubanathan, No.22, Poraiyur Road, Valluvanpet, Puducherry - 605 010.

..Petitioner(s) Vs U.T of Puducherry Rep.by, The Station House Officer (SHO), Villianur Police Station, Puducherry.

Cr.No.75/2026.

..Respondent(s) PRAYER : Criminal Original Petition filed under Section 483 of BNSS, 2023, to enlarge the petitioner on bail in Cr.No.75 of 2026 on the fiel of the Station House Officer, Villianur Police Station, Puducherry. For Petitioner(s):

Prakash Adiapadam For Respondent(s):

P.Dhileepan Government Advocate (Crl.Side)

ORDER

The petitioner, who was arrested and remanded to judicial custody on 24.02.2026 for the alleged offences under Sections 8(c), 20(b)(ii)A of the NDPS Act, and 77 of Juvenile Justice (care and Protection of Children) Act, 2015 in

Crime No.75 of 2026 on the file of the respondent police, seek bail.

2. The case of the prosecution is that the petitioner, along with the other accused, was found in possession of 50 grams of Ganja, and hence, the present case has been registered.

3. The learned counsel for the petitioner submitted that the petitioner has been falsely implicated in this case and that he has not committed any offence as alleged by the prosecution. She further submitted that the petitioner has been in custody since 24.02.2026 and is ready to abide by any stringent conditions that may be imposed by this Court. Hence, she prayed for grant of bail to the petitioner.

4. The learned Government Advocate (Crl. Side) appearing for the respondent police fairly submitted that the conscious possession of the petitioner is only 50 grams of Ganja, which falls under intermediate quantity and that the same was recovered from the petitioner. He further submitted that there is no previous case pending against the petitioner.

5. I have given anxious consideration to the submissions made by the learned counsel appearing on either side and also perused the materials available on record.

6. Considering the fact that the contraband involved is an intermediate quantity, and also taking into account the period of incarceration of the petitioner since 24.02.2026, this Court is inclined to enlarge the petitioner on bail, subject to the following 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 Judicial Magistrate-VI, Puducherry, and subject to the following conditions: [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 respondent police twice a day at 10.30 a.m. and 05.30 p.m. for a period 45 days and thereafter as and when required for interrogation;

[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 take appropriate action against the petitioner in accordance with law as if the

conditions had been imposed and the petitioner released on bail by the learned Magistrate/Trial Court itself, as laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005)13 SCC 283];

[f] if the petitioners thereafter abscond, a fresh FIR may be registered under Section 269 of the Bharatiya Nyaya Sanhita, 2023.

10-03-2026 MPA 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 Judicial Magistrate-VI, Puducherry.

2. The Station House Officer (SHO), Villianur Police Station, Puducherry.

Cr.No.75/2026.

3. The Superintendent, Central Prison, Kalapet.

4. The Public Prosecutor, High Court of Madras.

C.KUMARAPPAN, J.

MPA 10-03-2026