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Madras High CourtCRL OP/12572/2026granted

Daneshkumar v. The State Rep By

2026-05-14Honourable Mr.Justice P. Dhanabal6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 14.05.2026

CORAM

THE HONOURABLE MR.JUSTICE P.DHANABAL Daneshkumar

...Petitioner

Vs.

State rep. by, The Inspector of Police, P-5, MKB Nagar Police Station, Chennai.

Crime No.178 of 2026.

...Respondent

Criminal Original Petition filed under Section 483 of BNSS, seeking to enlarge the petitioner on bail in Crime No.178 of 2026, pending on the file of the respondent police. For Petitioner : Mr.S.Ajithkumar For Respondent : Mr.V.J.Priyadarsana Government Advocate (Crl.Side)

ORDER

The petitioner, who was arrested and remanded to judicial custody on 14.02.2026 for the offences punishable under Sections 8(c) r/w. 20(b) (ii)(B), 22(b), 25 of NDPS, and Sections 274, 275, 123 of BNS, in Crime No.178 of 2026, on the file of the respondent police, seeks bail. Page No.1 of 6

2. The case of the prosecution is that the petitioner was found in illegal possession of 1.300 Kgs of Ganja, 110 numbers of Nitravet tablets and 210 numbers of Tydol tablets for sale. Hence, the case.

3. Learned counsel for the petitioner submitted that the petitioner is innocent and he has been falsely implicated in this case and that, he is in custody since 14.02.2026. He further submitted that the petitioner is ready to abide by any stringent conditions that may be imposed by this Court and also undertakes not to tamper with the witnesses. He further submits that the seized quantity does not fall under the category of commercial quantity. Hence, he prayed that the petitioner may be released on bail.

4. Learned Government Advocate (crl.side) appearing for the respondent reiterated the prosecution case and submitted that there are three previous cases pending against the petitioner which are not of similar kind and that he has already been acquitted in one of the said cases. Hence, he strongly opposed to grant bail to the petitioner.

5. Heard both sides and perused the materials available on record. Page No.2 of 6

6. Considering the rival submissions made by the learned counsel on either side, nature of offences and also considering the fact that though there are three previous cases pending against the petitioner, the said cases are not of similar nature and also considering the period of incarceration already undergone by the petitioner and the quantity involved, I am 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 X Metropolitan Magistrate at Egmore, Chennai and on further conditions that:

[b] the petitioner shall report before the respondent Police everyday at 10.30 a.m., until further orders; [c] the petitioner shall not commit any offence similar to the offence of which he is an 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 them 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 Page No.3 of 6

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 of B.N.S.

14.05.2026 rap 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.

Page No.4 of 6

To:

1. The X Metropolitan Magistrate at Egmore, Chennai.

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

3. The Inspector of Police, P-5, MKB Nagar Police Station, Chennai.

4. The Public Prosecutor, High Court, Madras.

Page No.5 of 6

P.DHANABAL , J.

rap 14.05.2026 Page No.6 of 6