Kakan @ Kakayan v. State Of Tamilnadu Rep By Inspector Of Police, Nib - Cid

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 30.03.2026 PRESENT THE HONOURABLE MR. JUSTICE P. DHANABAL Kakan @ Kakayan

...Petitioner/Accused

Vs State of Tamil Nadu rep. by The Inspector of Police, NIB CID Nagapattinam District (Crime No. 53 of 2019)

...Respondent/Complainant

For Petitioner : Mr.Balamuruganantham For Respondent : Mr.B.Nambi Selvan Additional Public Prosecutor PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- For Bail in Cr.No. 53 of 2019 on the file of the respondent police. 1/7

ORDER : The Court made the following order :- The petitioner / A4, who was arrested and remanded to judicial custody on 04.10.2019 for the offences punishable under Sections 8(c) r/w. 20(b)(ii) (C) and Section 25 of NDPS Act in Crime No.53 of 2019 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that the petitioner along with other accused were found in illegal possession of 300kgs of ganja Hence the case.

3. The learned counsel for the petitioner would submit that the petitioner is arrayed as fourth accused in the said crime and already investigation was completed and the case is posted for trial. The petitioner has been arrested and remanded to judicial custody on 04.10.2019. The father of the petitioner died and he need to perform the final rites ceremony Further the petitioner was temporarily released by the Superintendent, Central Prison, Madurai to attend the last rites of his father and the petitioner returned back to the prison. Hence, he prays grant interim bail to the petitioner.

2/7

4. The learned Additional Public Prosecutor appearing for the respondent strongly opposed to grant interim bail to the petitioner on the ground that the quantity of the contraband involved in this case is commercial quantity and the offences are grave in nature. He would also submit that earlier the petitioner was granted leave by the Superintendent, Central Prison, Madurai based on the government order and thereafter he returned back to the prison and now once again he want interim bail for the same reason. Apart from this petitioner there are two other sons to the deceased. Therefore prayed to dismiss 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 that the father of the petitioner died and his final ceremonies to be held from 26.03.2026 to 02.04.2026 and the petitioner is also one of the son of the deceased and already the petitioner was released by the Superintendent, Central Prison, Madurai and thereafter he returned back to the prison this Court is inclined to grant 3/7

interim bail to the petitioner from 01.04.2026 to 03.04.2026 subject to the following conditions:

[a] Accordingly, the petitioner is ordered to be released on interim 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 Special Additional District and Sessions Court for E.C Act cases, Thanjavur District and on further conditions that:

[b] the petitioner shall report before the respondent police daily at 10.30 a.m., from 01.04.2026 to 03.04.2026 without fail [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 4/7

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].

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

[h] The petitioner is directed to surrender before the Superintendent, Central Prison, Madurai on 03.04.2026@ 3.00 p.m., (P D B J) 30.03.2026 aav To 1.The Special Additional District and Sessions Court for E.C Act cases, Thanjavur District 2.The Inspector of Police, NIB CID, Nagapattinam District 5/7

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

6/7

P. DHANABAL, J aav

ORDER

IN CRL OP(MD) No. 6033 of 2026 Date : 30.03.2026 7/7