Ariharan v. State Of Tamilnadu Rep By Inspector Of Police, Uchipuli
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 30.03.2026 PRESENT THE HONOURABLE MR. JUSTICE P. DHANABAL Ariharan
...Petitioner/sole Accused
Vs State of Tamil Nadu rep. by The Sub Inspector of Police, Uchipuli Police Station, Ramanathapuram District (Crime No.23 of 2026)
...Respondent/Complainant
For Petitioner : Mr.A.Antony Santhosh For Respondent : Mr.B.Nambi Selvan Additional Public Prosecutor PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- For Bail in Cr.No.23 of 2026 on the file of the respondent police. 1/6
ORDER : The Court made the following order :- The petitioner / sole accused, who was arrested and remanded to judicial custody on 02.02.2026 for the offences punishable under Sections 8(C) , 20(b)(ii)(B) of NDPS Act in Crime No.23 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 1.450kgs of ganja. Hence the case.
3. The learned counsel for the petitioner would submit that the respondent police has registered a false case against the petitioner and he has not committed any offence as alleged by the prosecution. He would further submit that mandatory provisions under Sections 42 and 50 of the NDPS Act has not been complied with. The petitioner has been arrested and remanded to judicial custody on 02.02.2026. Hence, he prays to grant bail to the petitioner.
4. The learned Additional Public Prosecutor appearing for the respondent would submit that petitioner was found in illegal possession of 2/6
1.450kgs of ganja. He would further submit that no previous case is pending against the petitioner, however he opposed to grant bail to the petitioner.
5. This Court heard both sides and perused the materials available on record.
6. Considering the rival submissions made by the learned counsel on either side and also the considering the fact no previous case is pending against the petitioner and also the quantity involved in this case is not a commercial quantity and taking into consideration the period of incarceration suffered by the petitioner this Court is inclined to grant bail to the petitioner subject to the following conditions: [a] Accordingly, the petitioner is ordered to be released on bail on condition to execute 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 Additional District and Sessions Judge/ Presiding Officer Special Court for EC and NDPS Act Cases, Pudukottai and on further conditions that: 3/6
[b] the petitioner shall report before the respondent police daily at 10.30 a.m., until further orders. [c] the petitioner shall not commit any offence similar to the offence of which he is accused, or suspected, or of the commission of which he is suspected;
[d] the petitioner shall not abscond either during investigation or trial;
[e] the petitioner shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade her from disclosing such facts to the Court or to any police officer or tamper with the evidence; [f] On breach of any of the aforesaid conditions, the learned Judicial 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 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].
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[g] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 BNS.
(P D B J) 30.03.2026 aav To 1.The Special Court for EC and NDPS Act Cases, Pudukottai 2.The Inspector of Police, Uchipuli Police Station, Ramanathapuram District
3. The Superintendent, District Jail, Ramnad 4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
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P. DHANABAL, J aav
ORDER
IN CRL OP(MD) No. 3843 of 2026 Date : 30.03.2026 6/6