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Madras High CourtCRL OP/12343/2026granted

Akash v. State Rep. By The Inspector Of Police

2026-05-13Honourable Mr.Justice P. Dhanabal6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 13-05-2026

CORAM

THE HON'BLE MR.JUSTICE P. DHANABAL Akash S/o. Arumugam, No.136, S S Puram, A Block, Otteri, Chennai-600 012.

..Petitioner(s) Vs State Rep. by the Inspector of Police V-4, Rajamangalam Police Station, Chennai.

Crime No.134 of 2026 ..Respondent(s) Prayer: The Criminal Original Petition is filed under Section 483 of B.N.S.S. enlarge the petitioner on bail in Crime No.134/2026 pending on the file of respondent police.

ORDER

The petitioner, who was arrested and remanded to judicial custody on 01.04.2026 for the offences punishable under Sections 8(c), 20(b)(ii)(B), 25, 29(1) of NDPS Act, in Cr. No.134 of 2026 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that the petitioner along with the other accused were found in illegal possession of Ganja weighing 2.100 kgs. Hence the case.

3. The learned counsel for the petitioner would contend that the respondent police have registered a false case against the petitioner. The petitioner is under judicial custody since 01.04.2026. He further submits that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution. Therefore, he prayed to grant bail to the petitioner.

4. The learned Government Advocate (Criminal Side) would submit that the petitioner along with the other accused were found in illegal possession of Ganja weighing 2.100 kgs. He further submits that there is one previous case pending against the petitioner and that this petitioner is arrayed as A2 and if he is released on bail, he may abscond and would commit similar kind of offences in future as well. Hence, he strongly opposed to grant bail to the petitioner.

5. Heard both sides and perused the materials available on record.

6. Considering the rival submissions made on either side and the nature of the offences charged against the accused and also the fact that the quantity seized does not fall under the category of commercial quantity and though the petitioner has one previous case, already he has been released on bail in that case and the co-accused has already been released on bail and the period of incarceration undergone by the petitioner, this Court is inclined to grant bail to

the petitioner, subject to the following conditions: [a] Accordingly, the petitioner is ordered to be released on bail on condition to execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties each for a like sum to the satisfaction of the learned Metropolitan Magistrate XIII, Egmore, Chennai and on further conditions that: [b] the petitioner shall report before the respondent Police daily at 10.30 a.m. until further orders; [c] the petitioner shall not commit any offence similar to the offence of which he is accused, or suspected, or of the commission of which he is suspected;

[d] the petitioner shall not abscond either during investigation or trial;

[e] the petitioner shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence; [f] On breach of any of the aforesaid conditions, the learned Judicial Magistrate/Trial Court is entitled to take appropriate action against the petitioner in accordance with law as if the 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)AIR SCW 5560].

[g] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 B.N.S.2023.

13-05-2026 Index: Yes/No Speaking/Non-speaking order KSA-2 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 Metropolitan Magistrate XIII, Egmore, Chennai

2. The Inspector of Police, V-4, Rajamangalam Police Station, Chennai.

3. The Public Prosecutor, High Court, Madras

4. The Superintendent, Central Prison, Puzhal-II

P.DHANABAL, J.

KSA-2 13-05-2026