Surendarnath @ Surendar v. State Rep.By,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 16-06-2026
CORAM
THE HON'BLE MR.JUSTICE C.KUMARAPPAN Surendarnath @ Surendar ..Petitioner(s) Vs State rep.by, The Inspector of Police, T-4, Maduravoyal Police Station, Chennai.
Cr.No.27 of 2026.
..Respondent(s) PRAYER : Criminal Original Petition filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, pleased to enlarge the petitioner on bail pending investigation in Cr.No.27 of 2026 on the file of the respondent police. For Petitioner(s):
Mr.O.Chembulingam For Respondent(s):
Mr.Yogaraja Sekar Government Advocate (Criminal side)
ORDER
The petitioner, who was arrested and remanded to judicial custody on 24.05.2026 for the alleged offences under Sections 8 (c) r/w 22 (b), 25 of NDPS Act, in Crime No.27 of 2026 on the file of the respondent police, seeks bail.
2. The case of the prosecution is that one Ameer Basha (A1) was found in possession of 3 grams of Methamphetamine. It is alleged that based on the confession of A1, who stated that he purchased the contraband from the petitioner, a case has been registered against the petitioner.
3.The learned counsel for the petitioner submitted that the petitioner is innocent and has been in custody since 24.05.2026. He further submitted that the petitioner has been falsely implicated in this case solely based on the confession statement of A1. Furthermore, A1 was granted bail by the Principal Special Court under EC & NDPS Act, Chennai, on 13.03.2026 in Crl.M.P.No.1273 of 2026. Hence, he prays for the grant of bail to the petitioner. 4.The learned Government Advocate (Criminal Side) appearing for the respondent police reiterated the prosecution case and further submitted that the petitioner has one previous case of a similar nature. Hence, he opposed for grant of bail to the petitioner.
5.Although the petitioner has one previous case, considering the facts that there was no recovery from the petitioner, that the contraband recovered from A1 constitutes only an intermediate quantity, that the petitioner has been incarcerated since 24.05.2026, and that the co-accused has already been released on bail, this court is of the firm view that his further custody is not necessary. Consequently, this Court is inclined to grant bail to the petitioner with certain conditions.
6. 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 Principal Special Court under EC and NDPS Act, 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 petitioner shall report before the respondent police daily morning at 10.30 AM for a period of fifteen days; thereafter as and when required 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 take appropriate action against the petitioner 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];
C.KUMARAPPAN, J.
[f] if the petitioner thereafter abscond, a fresh FIR may be registered under Section 269 of the Bharatiya Nyaya Sanhita, 2023.
16-06-2026 ep 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 & NDPS Act, Chennai.
2.The Superintendent of Prison, Central Prison, Puzhal.
3.The Inspector of Police, T-4, Maduravoyal Police Station, Chennai.
4.The Public Prosecutor High Court of Madras.