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Madras High CourtCRL OP(MD)/6441/2026granted

Vijayaragavan @ Laser David v. State Of Tamilnadu Rep By Inspector Of Police, Muthiahpuram

2026-04-07Honourable Mr. Justice P.Dhanabal6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 07.04.2026 PRESENT THE HONOURABLE MR. JUSTICE P. DHANABAL CRL OP(MD). No. 6441 of 2026 Vijayaragavan @ Laser David ... Petitioner Vs State of Tamil Nadu rep. by The Inspector of Police, Muthaiahpuram Police Station, Thoothukudi District.

(Crime No.87 of 2026)

...Respondent/Complainant

For Petitioner : Mr.S.Suresh Manickam Advocate.

For Respondent : Mr.B.Nambi Selvan Additional Public Prosecutor PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- For Bail in Cr.No. 87 of 2026 on the file of the respondent police. ORDER : The Court made the following order :- The petitioner, who was arrested and remanded to judicial custody on 03.03.2026 for the offences punishable under Sections 8(c) r/w 20(b)(ii)(B) of NDPS Act, 1985, and 296(b), 132, 351(3) of BNS and 25(1A) of Arms Act, in Crime No.87 of 2026 on the file of the respondent police, seeks bail. 1/6

2.The case of the prosecution is that on 31.01.2026 on secret information, the police officials went to the surveillance. At that time, the the accused persons illegally possessed with 1.250 kgs. of banned contraband. Hence, the case has been registered.

3. The learned counsel appearing for the petitioner would submit that the petitioner is an innocent and he has not involved in any offence as alleged in the FIR. Originally the entire contraband were recovered from other accused persons. Only based on the confession statement of the co-accused, the petitioner was falsely implicated in this case. Therefore, prayed to grant bail for the petitioner.

4. The learned Additional Public Prosecutor appearing for the respondent would submit that the offences are grave in nature. The occurrence was happened only on 31.01.2026 and the petitioner was arrested on 03.03.2026. On the basis of the co-accused the petitioner was implicated in this case. Investigation is in initial stage. The petitioner is having 20 previous cases. Hence, he vehemently opposed the grant of bail to the petitioner.

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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, considering the nature of offence, and no contraband was recovered from this petitioner directly, on the basis of the confession made by the coaccused, the petitioner was implicated in this case, though the petitioner has some previous cases including similar kind of offence and in all those cases, the petitioner was granted bail and all are not for commercial quantity and also considering the period of incarceration of the petitioner from 03.03.2026, this Court is inclined to grant bail to the petitioner subject to the following conditions:

[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 Judicial Magistrate No.II, Thoothukudi 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 3/6

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 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) 06.04.2026 TM To 1.The Judicial Magistrate No.II, Thoothukudi. 4/6

2.The Inspector of Police, Muthaiahpuram Police Station, Thoothukudi District. (Crime No.87 of 2026) 3.The Superintendent, District Jail, Perurani, Thoothukudi District. 4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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P. DHANABAL, J.

TM

ORDER

IN CRL OP(MD) No. 6441 of 2026 Date : 07.04.2026 6/6