Vivek Kumar v. State Of Tamilnadu Rep By Inspector Of Police, Cumbum North

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 16/02/2026 PRESENT The HONOURABLE MRS. JUSTICE S.SRIMATHY Vivek Kumar ... Petitioner/Accused Vs State of Tamilnadu Rep by, The Inspector of Police, Cumbum North Police Station, Theni District.

Crime No.50/2026. ... Respondent/Complainant For Petitioner : M/s.Keerthi Prasanna For Respondent : Mr.E.Antony Sahaya Prabahar, Additional Public Prosecutor PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- For Bail in Crime No.50 of 2026 on the file of the respondent police 1/6

ORDER : The Court made the following order :- The petitioner, who was arrested and remanded to judicial custody on 22.01.2026 for the offences punishable under Sections 8(c) r/w. 20(b)(ii)(B) and 29(1) of Narcotic Drugs and Psychotropic Substance Act, 1985, in Crime No.50 of 2026 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that the petitioner along with other accused was found in illegal possession of 2.250 kilograms of ganja. Hence, the complaint.

3. The learned counsel for the petitioner submitted that the petitioner is an innocent person and he has not committed any offences as alleged by the prosecution. He further submitted that the petitioner is in judicial custody from 22.01.2026. Hence, he seeks bail to the petitioner.

4. The learned Additional Public Prosecutor submitted that the 2/6

petitioner was found in illegal possession of 2.250 kilogram of ganja. He further submitted that no previous case is pending against the petitioner. Therefore, he opposed for grant of bail to the petitioner.

5. Taking into consideration of the fact that there is no previous case pending against the petitioner and also considering the fact that the present case involves an intermediate quantity, this Court is inclined to grant bail to the petitioner, subject to the following conditions:

6. Accordingly, the petitioner is ordered to be released on bail on executing 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 Principal Special Court for NDPS Cases, Madurai, and on further conditions that :- [a] the petitioner and the sureties shall affix their photographs and left thumb impression in the surety bond and the Magistrate may obtain a copy of their Aadhaar card or bank pass book to ensure their identity. [b] the petitioner shall report before the respondent police daily at 10.30 a.m., until further orders. 3/6

[c] the petitioner shall not tamper with the evidence or witness either during investigation or trial. [d] the petitioner shall not abscond either during investigation or trial.

[e] On breach of any of the aforesaid conditions, the learned 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 is 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].

[f] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 BNS.

(S S Y J) 16.02.2026 jbr 4/6

TO

1. The Principal Special Court for NDPS Cases, Madurai.

2. The Superintendent, District Jail, Theni.

3. The Inspector of Police, Cumbum North Police Station, Theni District.

4. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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S.SRIMATHY,J jbr

ORDER

IN CRL OP(MD) No.3222 of 2026 Date : 16/02/2026 6/6