Vijay @ Poochi v. State Of Tamilnadu Rep By Inspector Of Police, Sivagangai Taluk

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 24.03.2026 PRESENT THE HONOURABLE MR.JUSTICE P.DHANABAL CRL OP(MD)No.5364 of 2026 Vijay @ Poochi ... Petitioner / Sole Accused

Versus

The State of Tamilnadu, Rep by the Inspector of Police, Sivagangai Taluk Police Station, Sivagangai District.

(Crime No.47 of 2026) ... Respondent / Complainant PRAYER :-Criminal Original Petition filed under Section 483 of the BNSS, 2023, to enlarge the petitioner on bail in Crime No.47 of 2026 on the file of the respondent police.

For Petitioner :

Mr.T.Eashwar, Advocate For Respondent :

Mr.B.Nambi Selvan, Additional Public Prosecutor 1/6

ORDER : The Court made the following order :- The petitioner/accused, who was arrested and remanded to judicial custody on 06.02.2026 for the offences punishable under Sections 8(c) r/w 20(b)(ii)(B) of the Narcotic Drugs and Psychotropic Substances Act, 1985, in Crime No.47 of 2026 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that, based on secret information, the police party conducted a check and found the accused person in illegal possession of 2.00 kg of ganja. Hence, the case.

3. The learned counsel appearing for the petitioner would submit that the petitioner is innocent and has not committed any offence as alleged by the prosecution. He would further submit that the contraband recovered from the petitioner does not constitute a commercial quantity. He would also submit that the petitioner was arrested and remanded to judicial custody on 06.02.2026. Hence, he seeks grant of bail to the petitioner.

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4. The learned Additional Public Prosecutor appearing for the respondent would submit that the petitioner has five previous cases. He would further submit that the investigation is still pending. Therefore, he opposed the grant of bail to the petitioner.

5. This Court heard the learned counsel appearing on either side and perused the materials placed on record.

6. Considering the rival submissions made by the learned counsel on either side, the nature of the offence, the quantity of contraband is not a commercial quantity, the fact that though the petitioner has some previous cases which are not similar kind of nature and in all those cases bail has been granted, and also considering the period of incarceration already undergone by the petitioner, this Court is inclined to grant bail to the petitioner, subject to the following conditions: [a] Accordingly, the petition is allowed and 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 3/6

learned Judicial Magistrate Court No.II, Sivagangai, and on further conditions that :- [b] the petitioner shall report before the learned Additional District and Sessions Court / Special Court for EC & NDPS Act Cases, Pudukkottai, on all working days 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 him 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 Magistrate/Trial Court is entitled to take appropriate action against the petitioner in accordance with law as if the 4/6

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

24.03.2026 pal To 1.The Additional District and Sessions Court / Special Court for EC & NDPS Act Cases, Pudukkottai.

2.The Judicial Magistrate Court No.II, Sivagangai.

3.The Superintendent, Central Prison, Madurai.

4.The Inspector of Police, Sivagangai Taluk Police Station, Sivagangai District.

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

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P.DHANABAL ,J.

pal

ORDER

IN CRL OP(MD) No.5364 of 2026 Date : 24.03.2026 6/6