Boopathi v. The Inspectot Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 24-06-2026

CORAM

THE HON'BLE MR.JUSTICE C.KUMARAPPAN Boopathi ..Petitioner Vs The Inspector of police Pallipalayam Police Station, Namakkal District (Crime No.201 of 2026) ..Respondent PRAYER : Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, too enlarge the petitioner on bail in crime no.201 of 2026 on the file of the respondent police. For Petitioner:

Mr.L.Ramanathan For Respondent:

Mr.S.Yogaraja Sekar Counsel for Government of Tamil Nadu (Criminal Side)

ORDER

The petitioner, who was arrested and remanded to judicial custody on 16.05.2026 for the alleged offences under Sections 8(c), 20(b)(ii)(B) & 25 of the Narcotic Drugs and Psychotropic Substances Act, 1985 in Crime No.201 of 2026 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that there was a recovery of 12 kgs of ganja from six accused. This accused has been arrayed as A4. Hence, the case.

3. The learned counsel appearing for the petitioner submitted that the petitioner has been falsely implicated in the present case and that he has not committed any offence as alleged by the prosecution. He further submitted that the petitioner is ready to abide by any stringent conditions that may be imposed by this Court. Hence, he prays for grant of bail to the Petitioner.

4. Per contra, the learned Government Advocate (Criminal Side) appearing for the Respondent Police reiterated the prosecution case and submitted that it is a case of recovery of intermediate quantity of 12 kg of contraband. He further submitted that the petitioner has been remanded in judicial custody on 16.05.2026 and there are no previous cases pending against the petitioner. However, he opposed the grant of bail to the Petitioner.

5. I have given my anxious consideration to either side submissions and perused the materials available on record.

6. Considering the facts and circumstances of the case; taking note of the submission made by the learned Government Advocate (Crl.Side); it is observed that the petitioner has no criminal antecedents. In such view of the

position, taking into consideration of the absence of criminal antecedents, involvement of an intermediate quantity of contraband and the period of incarceration of the petitioner, this Court is inclined to enlarge the petitioner on bail, subject to certain conditions.

7. 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 Judicial Magistrate IV, Salem, and on further conditions that: [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 at 10.30 a.m., for the period of fifteen days and 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 pass appropriate orders against the petitioner in accordance with law as if the aforementioned 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)13 SCC 283];

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

24-06-2026 SHL 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 Judicial Magistrate IV, Salem

2. The Inspector of police Pallipalayam Police Station, Namakkal District

3. The Superintendent Central Prison, Salem

4. The Public Prosecutor High Court of Madras

C.KUMARAPPAN J.

SHL 24-06-2026