Gokul v. State Rep By Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 08-04-2026

CORAM

THE HON'BLE MR.JUSTICE C.KUMARAPPAN Gokul S/o. Ravi, Rajkumar House, Poonganagar, Chettipalayam, Madukkarai, Coimbatore ..Petitioner(s) Vs State represented by:

The Inspector of Police Chettipalayam Police Station, Coimbatore.

[Crime No.73 of 2026] ..Respondent(s) PRAYER: The Criminal Original Petition has been filed under Section 483 of B.N.S.S. praying to enlarge the petitioner on bail in Crime No.73 of 2026 on the file of the respondent police.

For Petitioner(s):

M/S.Ramachandran 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), 20(b)(ii)(B), 25 and 29(1) of NDPS Act in Crime No.73 of 2026 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that the accused were found in illegal possession of 1.250 kgs of Ganja and 750 gms of Ganja Chocolates. Hence the case.

3. The learned counsel appearing for the petitioner would submit that the petitioner is A1 in this case and he is under incarceration since 01.03.2026. He would further submit that there is no recovery from this petitioner and the recovered quantity of contraband is of intermediate quantity 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 would submit that both A1 and A2 travelled together in a two wheeler. However, he fairly submitted that the contraband recovered in this case is of intermediate quantity and the petitioner has no previous case.

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

6. Notwithstanding the fact while considering the quantity recovered in this case, it comes under the lower side of the intermediate quantity and therefore, taking into consideration of the long incarceration of the petitioner

since 01.03.2026 and upon the further fact that the petitioner has no previous cases, 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 District Munsif-cum-Judicial Magistrate, Madukkarai, 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 10.30 a.m. and 5.30 p.m. for a period of 30 days and thereafter as and when requited by the investigation officer 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.

08-04-2026 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 District Munsif-cum-Judicial Magistrate, Madukkarai, Coimbatore.

2. The Inspector of Police,Chettipalayam Police Station, Coimbatore.

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

4. The Public Prosecutor, High Court of Madras.

C.KUMARAPPAN, J.

MJS 08-04-2026