Sanjay v. State Of Tamilnadu Rep By Inspector Of Police, Poovanthi

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 08.04.2026 PRESENT THE HONOURABLE MR. JUSTICE P. DHANABAL Sanjay

...Petitioner/Accused

Vs State of Tamil Nadu rep. by The Inspector of Police, Poovanthi Police Station, Sivagangai.

(Crime No. 11 of 2026 )

...Respondent/Complainant

For Petitioner : Mr.R.Mohanasundaram Advocate.

For Respondent : Mr.B.Nambi Selvan Additional Public Prosecutor PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- For Bail in Cr.No. 11 of 2026 on the file of the respondent police. ORDER : The Court made the following order :- 1/6

The petitioner / Accused, who was arrested and remanded to judicial custody on 22.01.2026 for the offences punishable under Sections 8(c) r/w 20(b)(ii)(B) of NDPS Act, 1985 in Crime No. 11 of 2026 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that on 21.01.2026 at about 9.30 p.m., based on the secret information, when the respondent police was in patrol duty, they found that the petitioner was in illegal possession of 1.300 kg of kanja, due to which a case has been registered against the petitioner. Hence the case.

3. The learned counsel appearing for the petitioner would submit that the petitioner is innocent and he was falsely implicated in this case and he has not committed any offence as alleged by the prosecution. He would further submit that he has been arrested and remanded to judicial custody on 22.01.2026. Therefore, prayed to grant bail for the petitioner.

4. The learned Additional Public Prosecutor appearing for the respondent would submit that the petitioner was in illegal possession of 2/6

1.300 kg of kanja, due to which a case has been registered against the petitioner. He would further submit that earlier, the petitioner was detained under Act 14, 1982 and thereafter, the same was revoked and the petitioner has eight previous cases. He would further submit that the investigation is pending and the offences are grave in nature and hence, he strongly 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, nature of offence, and considering the facts that the quantity of contraband involved in this case is not a commercial quantity and earlier, the petitioner was detained under Act 14, 1982 and thereafter, the same was revoked and though the petitioner has eight previous cases, all cases are not similar in nature and in all cases, bail was granted to the petitioner and also considering the period of incarceration undergone by the petitioner, this Court is inclined to grant bail to the petitioner subject to the following conditions: 3/6

[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:

[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/she is accused, or suspected, or of the commission of which he/she 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 4/6

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].

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

(P D B J) 08.04.2026 apd To 1.The Additional District and Sessions Judge/Presiding Officer, Special Court for EC and NDPS Act cases, Pudukottai.

2.The Inspector of Police, Poovanthi Police Station, Sivagangai.

3. The Superintendent, Central Prison, Madurai. 4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

5/6

P. DHANABAL, J apd

ORDER

IN CRL OP(MD) No. 6834 of 2026 Date : 08.04.2026 6/6