Sarathkumar v. The State Represented By The Inspector Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 18-06-2026
CORAM
THE HON'BLE MR.JUSTICE C.KUMARAPPAN
1. Sarathkumar
2. Vijay
3. Pandiyaraj ..Petitioner(s) Vs The State Represented by The Inspector of Police Veerapandi Police Station, Tiruppur District.
Crime No.190 of 2026.
..Respondent(s) PRAYER : Criminal Original Petition filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, pleased to enlarge the petitioners on bail pending investigation in Crime No.190 of 2026 on the file of the Inspector of Police, Veerapandi Police Station, Tiruppur District. For Petitioner(s):
Mr.P.Thinesh For Respondent(s):
Mr.S.Yogaraja Sekar Government Advocate (Criminal side)
ORDER
The petitioners, who were arrested and remanded to judicial custody on 16.05.2026 for the alleged offences under Sections 8 (c) r/w 20 (b) (ii) (B), 25 and 29 (1) of the NDPS, in Crime No.190 of 2026 on the file of the respondent police, seek bail.
2. The case of the prosecution is that the petitioners were found in illegal possession of 1.200 kg of Ganja. Hence, the case.
3.The learned counsel for the petitioners submitted that the petitioners are innocent and had been in custody since 16.05.2026. He further submitted that recovery was effected from A1 and A2 and no recovery was made from the third petitioner (A3). He stated that the third petitioner was implicated solely based on a confession statement. Hence, he prays for the grant of bail to the petitioners.
4.The learned Government Advocate (Criminal Side) appearing for the respondent Police reiterated the prosecution case and opposed the grant of bail to the petitioners.
5.Taking into consideration that the contraband recovered constitutes a lower threshold limit of intermediate quantity (1.150 kg of Ganja), and that the petitioners have been incarcerated since 16.05.2026, this court is of the firm view that their further custody is not necessary. Consequently, this Court is inclined to grant bail to the petitioners with certain conditions.
6. Accordingly, the petitioners are ordered to be released on bail on their executing a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) each, with two sureties each for a like sum to the satisfaction of the learned Judicial Magistrate No.IV, Tiruppur, 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 report before the respondent police daily morning at 10.30 AM for a period of two weeks; thereafter as and when required for interrogation;
[c] the petitioners shall not abscond either during investigation or trial;
[d] the petitioners 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 petitioners in accordance with law as if the conditions had been imposed and the petitioners 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];
[f] if the petitioners thereafter abscond, a fresh FIR may be registered under Section 269 of the Bharatiya Nyaya Sanhita, 2023.
18-06-2026 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.
C.KUMARAPPAN, J.
EP To 1.The Judicial Magistrate No.IV, Tiruppur.
2.The Superintendent of Prison Central Prison, Coimbatore.
3.The Inspector of Police Veerapandi Police Station, Tiruppur District.
4.The Public Prosecutor High Court of Madras.
18-06-2026