Tulahandrasahoo v. The State Rep By Its,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 13-05-2026

CORAM

THE HON'BLE MR.JUSTICE P. DHANABAL TulahandraSahoo S/o.LokananthaSahoo Panchagan Tigiria Cuttack State, Odisha 754 030.

..Petitioner(s) Vs The State Rep By Its, The Inspector of Police, PEW Washermenpet Unit, Chennai.

Cr.No.26 of 2023 ..Respondent(s) PRAYER: - The Criminal Original Petition is filed under Section 483(1)(b) of The Bharatiya Nagarik Suraksha Sanhita, 2023, praying to modify the condition as "normal surety to the satisfaction of Judicial Magistrate No.II Alandur" instead of "blood Surety to the satisfaction of XVI Metropolitan Magistrate G.T Chennai" in Crl.M.P.No.1700 of 2026 on the file of Principal Special Court under EC and NDPS Act, Chennai.

For Petitioner(s):

Mr.Satish K For Respondent(s):

Mr.A.Gopinath, Government Advocate (Crl.Side)

ORDER

This petition has been filed seeking to modify the condition imposed in the order dated 08.04.2026 in Crl.M.P.No.1700 of 2026 passed by the Principal

Special Court under EC and NDPS Act, Chennai.

2. The learned counsel appearing for the petitioner would contend that the petitioner / accused was arrested and remanded to judicial custody on 13.03.2026 in the above case in Cr. No.26 of 2023 for the alleged offences under Sections 8(c) r/w 20(b)(ii)(B) of N.D.P.S. Act and he was released on conditional bail vide order dated 08.04.2026 passed in Crl. M.P. No.1700 of 2026 passed by the learned Principal Special Judge in the Principal Special Court under EC and NDPS Act, Chennai. Now the petitioner has come forward with this application to modify one of the conditions as "normal surety to the satisfaction of Judicial Magistrate No.II Alandur" instead of "blood Surety to the satisfaction of XVI Metropolitan Magistrate G.T Chennai".

3. The learned Government Advocate (Criminal side) appearing for the respondent police would contend that the petitioner was found in possession of 2.015 kgs of Ganja and hence he was arrested and remanded to judicial custody on 13.03.2026 for the alleged offences under Sections 8(c) r/w 20(b)(ii)(B) of N.D.P.S. Act. Therefore, this modification petition is liable to be dismissed.

4. Heard rival submissions made by the learned counsel and perused the materials available on record.

5.

Considering the submissions putforth on either side, considering the nature of the offences involved and the quantity of contraband involved in this case and the fact that the condition passed by the trial Court that 'one among the sureties should be a blood surety', is an onerous condition, I am inclined to modify the condition imposed in Paragraph No.4(1) to the effect that "the petitioner / accused is ordered to be released on bail, on executing a bond of Rs.10,000/- [Rupees Ten Thousand only] with two sureties each for a like sum to the satisfaction of the learned Judicial Magistrate-II, Alandur". The other conditions imposed in the order dated 08.04.2026 in Crl. M.P. No.1700 of 2026 shall remain unaltered. Further, the learned Magistrate is hereby directed to follow the Rule 14 of Criminal Rules of Practice, while accepting the sureties.

6. Accordingly, the condition is modified.

13-05-2026 Index: Yes/No Speaking/Non-speaking order ssa

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 Principal Special Court under EC and NDPS Act, Chennai. 2.The learned Judicial Magistrate-II, Alandur. 3.The Superintendent, Central Prison, Puzhal. 4.The Inspector of police, PEW Washermenpet Unit, Chennai.

Cr.No.26 of 2023 5.The Public Prosecutor, High Court of Madras.

P.DHANABAL, J.

ssa 13-05-2026