K.Ansar Ushan @ Anwar Ali v. The State Of Tamilnadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 17/02/2026 PRESENT The HONOURABLE MRS. JUSTICE S.SRIMATHY K.Ansar Ushan @ Anwar Ali ... Petitioner/Accused Vs The State of Tamilnadu, Rep By,The Inspector of Police, Karimedu Police Station, Madurai City.

Cr.No.711 of 2021.

... Respondent/Complainant For Petitioner : M/s.S.Velmurugan, Advocate.

For Respondent : Mr.E.Antony Sahaya Prabahar, Additional Public Prosecutor PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- C-32B.To enlarge the petitioner on bail in connection with C.C.No.101 of 2022 on the file of the Learned Special Judge for communal Clash Act Cases, Madurai.

ORDER : The Court made the following order :- 1/6

The petitioner, who was arrested and remanded to judicial custody on 25.01.2026 for the offences punishable under Sections 8(C), r/w 20(b)(ii)(B) and 29(1) of NDPS Act r/w 83(2) of JJ Act, in Crime No. 711 of 2021 on the file of the respondent police, which was taken on file in C.C.No.101 of 2022 on the file of the Special Judge for Communal Clash Act Cases, Madurai, seeks bail.

2. The case of the prosecution is that the petitioner was found in illegal possession of 1.250 grams 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 for one hearing he could not attend the trial Court. Hence, based on the NBW issued by the trial Court the petitioner was arrested and he is in judicial custody from 25.01.2026. Hence, he seeks bail to the 2/6

petitioner.

4. The learned Additional Public Prosecutor submitted that the petitioner has two previous cases which were not under NDPS Act and it is a case of jumped out bail. Hence, NBW was issued by the trial Court and he was remanded to judicial custody on 25.06.2021. However, he opposed for grant of bail to the petitioner.

5. Taking into consideration of the facts and circumstances of the case and it is a case of jumped out bail and the contraband is intermediate quantity and also considering the period of incarceration suffered by the petitioner, 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 3/6

the learned Special Judge for Communal Clash Act 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 trial Court daily at 10.30 a.m., until further orders;

[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 4/6

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 9 BNS.

(S S Y J) 17.02.2026 PJL TO

1. Special Judge for Communal Clash Act Cases, Madurai.

2. Do-Through The Chief Judicial Magistrate, Madurai District.

3. The Superintendent, Central Prison, Madurai.

4. The Inspector of Police, Karimedu Police Station, Madurai City.

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

5/6

S.SRIMATHY,J PJL

ORDER

IN CRL OP(MD) No.3314 of 2026 Date : 17/02/2026 6/6