Dinesh Kumar v. State Rep. By The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 07.05.2026

CORAM

THE HONOURABLE Mr. JUSTICE L.VICTORIA GOWRI Crl.O.P.No.11921 of 2026 1.Dinesh Kumar 2.Kingsly Paul ... Petitioner(s) Vs.

The State rep. by The Inspector of Police, T17 Perumbakkam Police Station.

... Respondent(s) Crime No.90 of 2026 PRAYER : Criminal Original Petition filed under Section 483 of BNSS, 2023, to enlarge the petitioners on bail concerned in Crime No.90 of 2026 on the file of the respondent police.

For Petitioner(s) : Mr.G.Ezhilbalaji For Respondent(s) : Mr.V.J.Priyadarsana, Government Advocate (Crl.Side)

ORDER

The petitioners, who were arrested and remanded to judicial custody on 20.03.2026 for the alleged offences under Sections 8(c) read with 20(b)(ii)(B) and 29(1) of NDPS Act 1985 in Crime No.90 of 2026 on the file of the respondent police, seek bail.

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2. The case of the prosecution is that the petitioners were found in illegal possession of 1.100 kg of Ganja. Hence, the case.

3. The learned counsel for the petitioners would submit that the coaccused has already been released on bail. He would further submit that the petitioners have been in custody since 20.03.2026 and are ready to abide by any stringent conditions that may be imposed by this Court. He would further submit that the petitioners, without prejudice to the defence and contention, is ready and willing to deposit a sum of Rs.20,000/- each, to any welfare scheme of the Government or any other organization. Hence, he prayed for the grant of bail.

4. The learned Government Advocate (Crl. Side) appearing for the respondent, while opposing the grant of bail to the petitioner, reiterated the prosecution case and, on instructions, submitted that the 1st petitioner has three previous cases and the 2nd petitioner has four previous cases.

5. Heard learned counsel for the petitioner and the learned Government Advocate (Crl.Side) appearing for the respondent and perused the materials available on record.

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6. Considering the nature of allegations, the voluntary submissions made by the learned counsel for the petitioners and the period of incarceration undergone by the petitioners, this Court is inclined to grant bail to the petitioners with certain conditions.

7. Accordingly, the petitioners are ordered to be released on bail on their executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) each, with two sureties each for a like sum to the satisfaction of the learned XVI Metropolitan Magistrate, George Town, Chennai, 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 petitioners shall deposit a sum of Rs.20,000/- (Rupees Twenty Thousand only) each (Non refundable) towards the account of CANCER INSTITUTE (WIA), Adayar, Savings Bank Account maintained at Andhra Bank, Madhya Kailash Branch, Cancer Institute(WIA), Dr.S.Krishnamurthi Campus, Sardar Patel Road, Chennai-36, bearing SB Account No.149710011005477, IFS Code No.ANDB0001497, Branch Name and Code 1497, MICR No.600011049 and to produce the Bank Challan before the learned XVI Metropolitan Magistrate, George Town, 3/6

Chennai, and the receipt shall be produced at the time of executing the bond;

[c] the petitioners shall report before the respondent police everyday at 10.30 a.m. for a period of three weeks and thereafter as and when required for interrogation; [d] the petitioner shall not abscond either during investigation or trial;

[e] the petitioner shall not tamper with the evidence or witness either during investigation or trial; [f] on breach of any of the aforementioned conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the petitioners 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];

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

07.05.2026 dpa/stn 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. 4/6

To

1. The learned XVI Metropolitan Magistrate, George Town, Chennai

2. The Superintendent, Central Prison, Puzhal, Chennai.

3. The Inspector of Police, T17 Perumbakkam Police Station.

4. The Public Prosecutor, High Court of Madras 5/6

L.VICTORIA GOWRI, J.

dpa/stn Crl.O.P.No.11921 of 2026 07.05.2026 6/6