Dhivagar @ Anniyan Dhivagar v. The State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 26/02/2026 PRESENT The HONOURABLE MRS. JUSTICE S.SRIMATHY Dhivagar @ Anniyan Dhivagar ... Petitioner/Accused Vs State of Tamilnadu Rep by, The Inspector of Police, Town East Police Station, Thanjavur District.

Crime No.43 of 2026. ... Respondent/Complainant For Petitioner : Mr.K.M.Karunakaran, Advocate.

For Respondent : Mr.E.Antony Sahaya Prabhar, Additional Public Prosecutor PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- For Bail in Crime No.43 of 2026 on the file of the Respondent Police.

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ORDER : The Court made the following order :- The petitioner, who was arrested and remanded to judicial custody on 29.01.2026 for the offences punishable under Sections 8(c) r/w. 20(b)(ii)(B) of NDPS Act, in Crime No.43 of 2026 on the file of the respondent police, seeks bail.

2. The prosecution case is that the petitioner was in illegal possession of 1.200 kilgrams 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 29.01.2026. Hence, he seeks bail to the petitioner.

4. The learned Additional Public Prosecutor submitted that the petitioner was in illegal possession of 1.200 kilgrams of ganja. He further submitted that 22 previous cases are pending against the petitioner and 2/6

that he is a history sheeter. Therefore, he opposed for grant of bail to the petitioner.

5. Taking into consideration of the fact that even though 22 previous cases are pending against the petitioner, the present case does not involve commercial 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 Additional District Judge/Presiding Officer Special Court under Essential Commodities Act, Thanjavur, 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 Judicial Magistrate Court, Thanjavur, daily at 10.30 a.m., and before the respondent police at 5.30 p.m., until further 3/6

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 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) 26.02.2026 jbr 4/6

TO

1. Additional District Judge/Presiding Officer Special Court under Essential Commodities Act, Thanjavur.

2. The Superintendent, Sub Jail, Thanjavur.

3. The Inspector of Police, Town East Police Station, Thanjavur 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.4346 of 2026 Date : 26/02/2026 6/6