Lakshmipathi v. The State Of Tamilnadu Rep By The Inspector Of Police, Pudukottai Town
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 05/06/2026 PRESENT The HONOURABLE MR. JUSTICE P. DHANABAL
1. Lakshmipathi
2. Thajudeen
3. Surya ... Petitioners/Accused Vs The State of Tamilnadu Rep By the Inspector of Police, Pudukottai Town Police Station, Pudukkottai District.
(Crime No.49 of 2026).
... Respondent/Complainant For Petitioners : Mr.R.Alagia Nambi For Respondent : Mr.G.Ganesh Kumar, Government Advocate (Crl.Side) PETITION FOR BAIL Under Sec.483 of BNSS 1/7
PRAYER :- For Bail in Crime No.49 of 2026 on the file of the respondent Police. ORDER : The Court made the following order :- The petitioners, who were arrested and remanded to judicial custody on 07.03.2026 for the offences punishable under Section 123 of BNS and Sections 22(C), 29(1) of NDPS Act, 1985 r/w.18(C), 18(A), 28(A), 27(b)(ii) Drugs and Cosmetic Act, 1940, in Crime No.49 of 2026 on the file of the respondent police, seek bail. 2.The case of the prosecution is that 21.02.2026, the petitioners along with other accused persons having possession of 4,82,000 banned Pregabalin Capsules and banned Tanydol - 100 Tablets. Hence, the case has been registered.
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. He would further submit that the petitioners were arrayed as accused based on the confession of co-accused and the alleged 2/7
contraband were not recovered from the petitioners. He would further submit that they have been arrested and remanded to judicial custody on 07.03.2026. Therefore, prayed to grant bail for the petitioners.
4. The learned Government Advocate appearing for the respondent would submit that the accused persons were in illegal possession of banned Pregabalin Capsules and Tanydol tablets and commercial quantity is involved in this case. He would further submit that though the petitioners have no previous cases, considering the nature of grave offence, he strongly opposed to grant bail to the petitioners.
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 as per prosecution, though commercial quantity is involved in this case, the alleged contraband were not recovered from the petitioners and considering the fact that the petitioners have no previous cases and also considering the period of 3/7
incarceration undergone by the petitioners, this Court is inclined to grant bail to the petitioners subject to the following conditions: [a] Accordingly, this Criminal Original Petition is allowed and 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 Additional District and Sessions Judge, Special Court for EC and NDPS Cases, Pudukottai, and on further conditions that:
[b] the petitioners shall report before the respondent police daily at 10.30 a.m., until further orders; [c] the petitioners shall not commit any offence similar to the offence of which they are accused, or suspected, or of the commission of which they are 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 them from 4/7
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) 05.06.2026 PNM 5/7
TO
1. The Additional District and Sessions Judge, Special Court for EC and NDPS Cases, Pudukottai
2. Do-Through The Chief Judicial Magistrate, Pudukottai District.
3. The Superintendent, District Prison, Pudukottai.
4. The Inspector of Police, Pudukottai Town Police Station, Pudukkottai District.
5. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
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P. DHANABAL,J PNM
ORDER
IN CRL OP(MD) No.7215 of 2026 Date : 05/06/2026 7/7