Jay Prakash Kumar v. The State Rep 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 Jay Prakash Kumar ..Petitioner(s) Vs The State Rep By, The Inspector of Police NIB- CID Police Station, Vellore District.
Crime No.14 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 in Crime No.14 of 2026 on the file of Respondent police. For Petitioner(s):
Mr.L.Ramanathan For Respondent(s):
Mr.S.Yogaraja Sekar Government Advocate (Criminal side)
ORDER
The petitioner, who was arrested and remanded to judicial custody on 29.04.2026 for the alleged offences under Sections 8 (c) and 20 (b) (ii) (B) of the Narcotic Drugs and Psychotropic Substances Act, 1985, in Crime No.14 of 2026 on the file of the respondent police, seeks bail.
2. The case of the prosecution is that the petitioner was found in illegal possession of 11kg of Ganja. Hence, the case.
3.The learned counsel for the petitioner submitted that the petitioner is innocent and has been in custody since 29.04.2026. He further submitted that he is ready to abide by any stringent condition that may be imposed by this Court and he is ready to co-operate for investigation. 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 no criminal antecedents. However, he opposed for grant of bail to the petitioner.
5.Taking into consideration that the petitioner has no previous case, that the contraband recovered constitutes an intermediate quantity (11kg of Ganja), and that the petitioner has been incarcerated since 29.04.2026, 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 (one of whom must be a blood relative) each for a like sum to the satisfaction of the learned Judicial Magistrate IV, Salem, 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];
[f] if the petitioner 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 IV, Salem.
2.The Superintendent of Prison, Central Prison, Salem.
3.The Inspector of Police NIB- CID Police Station, Vellore District.
4.The Public Prosecutor High Court of Madras.
18-06-2026