Hariharan v. State Of Tamilnadu Rep By Inspector Of Police, Kenikkarai

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 20.04.2026 PRESENT THE HONOURABLE MR. JUSTICE P. DHANABAL CRL OP(MD). No. 6946 of 2026 Hariharan

...Petitioner

Vs State of Tamil Nadu rep. by The Inspector of Police, Kenikkarai Police Station Ramanathapuram District.

(Crime No.491 of 2025)

...Respondent/Complainant

For Petitioner : Mr.M.Ramachandran for Mr.T.Veerakumar Advocate.

For Respondent : Mr.B.Nambi Selvan Additional Public Prosecutor PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- For Bail in Cr.No. 491 of 2025 on the file of the respondent police. ORDER : The Court made the following order :- The petitioner / Accused, who was arrested and remanded to judicial custody on 24.12.2025, for the offences punishable under Sections 8(c) r/w. 1/6

20(b)(ii)(c), 25 and 29(1) of NDPS Act, in Crime No.491 of 2025 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that on 24.12.2025 at about 07.00 a.m, on secret information the respondent police went to the scene of occurrence and found the petitioner along with other accused in possession of 542 Kilograms of Ganja Leaves, flowers and buds. 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. There is no direct recovery from this petitioner. Only based on the confession statement of the coaccused this petitioner was implicated in this case. Co-accused has been released on bail. Hence, he prayed bail for the petitioner.

4. The learned Additional Public Prosecutor appearing for the respondent would submit that the offence are grave in nature. The contraband recovered in this case is commercial quantity. The petitioner procured the contraband materials and stored the same in A4's house. A3 is still absconding. Based on the confession statement of the co-accused this petitioner was implicated. They 2/6

are planned to transport the Ganja through the petitioner's boat. Investigation is still pending. Hence, he vehemently opposed the grant of 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, considering the nature of charges levelled against the petitioner, no contraband was recovered from the petitioner, even according to the prosecution case the contraband is supposed to transport with the boat of this petitioner, no previous case is pending against the petitioner, the entire contraband was recovered from the house of A4, and considering the period of incarceration undergone by the petitioner, 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 learned Additional District and Sessions Judge/Presiding Officer, Special Court for E.C. and NDPS Court Cases, Pudukottai, and on further conditions that: 3/6

[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 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) 20.04.2026 4/6

TM To 1.The Additional District and Sessions Judge/Presiding Officer, Special Court for E.C. and NDPS Court Cases, Pudukottai.

2.The Inspector of Police, Kenikkarai Police Station Ramanathapuram District.

(Crime No.491 of 2025) 3.The Superintendent, District Prison, Pudukottai. 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. 6946 of 2026 Date : 20.04.2026 6/6