Mervin Stalin v. State Of Tamilnadu Rep By Inspector Of Police, Vengamedu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 11/03/2026
CORAM
THE HONOURABLE MR. JUSTICE K.K. RAMAKRISHNAN Mervin Stalin ... Petitioner/Accused No.2 Vs State of Tamilnadu Rep by, The Inspector of Police, Vengamedu, Police Station, Karur District.
(Cr.No. 43 of 2026).
... Respondents/Complainant PRAYER :- For Bail in Crime No. 43 of 2026 on the file of the Respondent Police. For Petitioner : Mr. N.Vadivel, Advocate.
For Respondent : Mr.S.Ravi, Additional Public Prosecutor ORDER: The Court made the following order :- The petitioner/Accused No.2, who was arrested and remanded to judicial custody on 14.02.2026 for the offences punishable under Sections 8(3), 20(b)(ii), 20(b)(a) of NDPS Act r/w Section 77 of JJ Act, in Crime No.43 of 2026, on the file of the respondent police, seeks bail. 1/6
2.The case of the prosecution is that on 14.02.2026, at about 11.00 a.m, A1 & the petitioner/A2 were found in possession of 25 grams of Ganja each for illegal sale in front of the Government Higher Secondary School, Vangapalayam. Hence, the respondent police registered a case against the petitioner for the aforesaid offences. Hence, this petition.
3. The learned counsel for the petitioner submits that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution. However, he has been arrested and he is languishing in jail from 14.02.2026 and the petitioner has no previous case and the contraband involved in this case is not a commercial quantity. Therefore, he prays for grant of bail.
4. The learned Additional Public Prosecutor appearing for the respondent police on instructions,submitted that the petitioner was found in possession of 25 grams of ganja for illegal sale in front of the Government Higher Secondary School and he is aged about 21 years and he is a college going student. Apart from that, the investigation is still pending. Hence, he opposed to grant bail to the petitioner. However, he 2/6
fairly conceded that no previous case is pending against the petitioner. 5.Considering the period of incarceration and also considering the fact that the quantity involved in this case is not a commercial quantity and the petitioner has no previous case, this Court is inclined to grant bail to the petitioner on certain 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 Judicial Magistrate No.1, Karur District, and on further conditions that, a)the sureties shall affix their photographs and left thumb impression in the surety bond and the Magistrate/concerned court may obtain a copy of their Aadhar card or Bank Pass Book to ensure their identity;
b)the petitioner shall report before the respondent police daily at 10.30 a.m., for a period of 15 days and thereafter, as and when required for interrogation, until further orders; 3/6
c)the petitioner shall not tamper with evidence or witness; d)the petitioner shall not abscond during 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 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 of BNS.
11.03.2026 DSS 4/6
TO 1.The Judicial Magistrate No.1, Karur District
2. The Superintendent of Prison, Karur Sub-Prison, Karur.
3.The Inspector of Police, Vengamedu, Police Station, Karur District.
4.The Additional Public Prosecutor, Madurai Bench Of Madras High Court, Madurai.
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K.K. RAMAKRISHNAN,J DSS
ORDER
IN CRL OP(MD) No.5160 of 2026 Date : 11/03/2026 6/6