Theivaprabhu v. The State Of Tamilnadu Rep By The Inspector Of Police, Uthamapalayam

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 29.04.2026 PRESENT THE HONOURABLE MR. JUSTICE P. DHANABAL CRL OP(MD). No. 7317 of 2026 1.Theivaprabhu 2.P.Arunpandi

...Petitioners

Vs State of Tamil Nadu rep. by The Inspector of Police, Uthamapalayam PEW Police Station, Theni District.

(Crime No.72 of 2026)

...Respondent/Complainant

For Petitioners : Mr.J.Senthil Kumaraiah Advocate.

For Respondent : Mr.B.Nambi Selvan Additional Public Prosecutor PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- For Bail in Cr.No. 72 of 2026 on the file of the respondent police. ORDER : The Court made the following order :- The petitioners / Accused, who were arrested and remanded to judicial custody on 08.02.2026, 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.72 of 2026 on the file of the respondent police, seek bail.

2. The case of the prosecution is that on 08.02.2026 at 22.30 hours on receipt of secret information, the respondent officials went to the scene of occurrence, they found the accused persons are in possession of 20.755 kgs. of ganja. Hence, the case.

3. The learned counsel appearing for the petitioners would submit that the petitioners are innocent and they were falsely implicated in this case and they have not committed any offence as alleged by the prosecution. Hence, he prayed bail for the petitioners.

4. The learned Additional Public Prosecutor appearing for the respondent would submit that the offence are grave in nature. The accused are in possession of 20.750 kgs. of ganja in two cars. The quantity involved is commercial quantity. Hence, he opposed the grant of bail to the petitioners. The petitioners have no previous cases.

5. This Court heard both sides and perused the materials available on 2/6

record.

6. Considering the rival submissions made by the learned counsel on either side, considering the nature of charges levelled against the petitioners, though the prosecution has stated that the contraband is commercial quantity in two separate cars, separate contraband have been transported as well as this petitioners are concerned only 4 kgs. have been recovered, that is no commercial quantity, there is no previous case against the petitioners, coaccused were already released on bail, and considering the period of incarceration undergone by the petitioners, this Court is inclined to grant bail to the petitioners subject to the following conditions: [a] Accordingly, the petitioners are ordered to be released on bail on condition to execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) each with two sureties each for a like sum to the satisfaction of the learned District and Sessions Judge, Principal Special Court for EC and NDPS Act Cases, Madurai, and on further conditions that:

[b] the petitioners shall report before the learned District and Sessions Judge, Principal Special Court for EC and NDPS Act Cases, Madurai, daily at 10.30 a.m. and 05.00 p.m., until further orders; 3/6

[c] the petitioners 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 petitioners shall not abscond either during investigation or trial;

[e] the petitioners 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 petitioners in accordance with law as if the conditions have been imposed and the petitioners 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) 29.04.2026 TM 4/6

To 1.The District and Sessions Judge, Principal Special Court for EC and NDPS Act Cases, Madurai.

2.The Inspector of Police, Uthamapalayam PEW Police Station, Theni District. (Crime No.72 of 2026) 3.The Superintendent, District Jail, Theni.

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. 7317 of 2026 Date : 29.04.2026 6/6