Harisudhan v. The Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 27-03-2026

CORAM

THE HON'BLE MR.JUSTICE C.KUMARAPPAN Harisudhan S/o.Kandasamy, No.56, Santhaimedu, Thiyagadurgam, Villupuram District.

..Petitioner(s) Vs The State represented by:

The Inspector of Police, Madukkarai Police Station, Coimbatore District.

Cr.No.95 of 2026.

..Respondent(s) PRAYER: The Criminal Original Petition has been filed under Section 483 of B.N.S.S. praying to order enlarge the petitioner on bail in Cr.No.95/2026 on the file of the Respondent.

For Petitioner(s):

Mr. T.Balachandran For Respondent(s):

Mr. S. Vinoth Kumar, Government Advocate (Criminal side).

ORDER

The petitioner, who was arrested and remanded to judicial custody on 01.03.2026 for the alleged offences under Sections 8(c) and 20(b)(ii)(B) of NDPS Act in Crime No.95 of 2026 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that the petitioner was found in illegal possession of 1.750 gms of Ganja. Hence the case.

3. The learned counsel appearing for the petitioner would submit that the petitioner is an innocent and he has been under incarceration since 01.03.2026. He would further submit that the petitioner, who is a college student, has been falsely implicated in this case and the petitioner is ready and willing to abide by any condition that may be imposed by this Court and hence prays for grant of bail to the petitioner.

4. The learned Government Advocate (Criminal side) appearing for the respondent police reiterated the prosecution case and objected the bail application. However, he would fairly submit that recovered quantity of Ganja is an intermediate quantity and the petitioner has no previous cases.

5. I have given anxious consideration to the submissions made by the learned counsel on either side.

6. The learned counsel for the petitioner would submit that the petitioner was remanded to judicial custody on 01.03.2026, that the recovered quantity of Ganja in this case is only 1 kg and 750 gms, which is only an intermediate quantity and that the petitioner is a college student. Though the learned

Government Advocate objected the bail application, he would fairly submit that the petitioner has no previous cases and the quantity involved in this case is only intermediate quantity of Ganja. Therefore, taking into consideration the fact that the petitioner has not come under the adverse notice of the respondent police earlier, that he has been under incarceration since 01.03.2026 and upon the fact that the contraband involved in this case is only an intermediate quantity, this Court is inclined to enlarge the petitioner on bail, 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 Additional District Judge, Special Court for Essential Commodities Act cases at 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] the petitioner shall sign before the respondent police daily at 5.30 p.m. for a period of 30 days and thereafter as and when required by the respondent police 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 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.

27-03-2026 MJS 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, Special Court for Essential Commodities Act cases at Coimbatore.

2. The Inspector of Police, Madukkarai Police Station, Coimbatore District.

3. The Superintendent of Police, Central Prison, Coimbatore.

4. The Public Prosecutor, High Court of Madras.

C.KUMARAPPAN, J.

MJS 27-03-2026