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Madras High CourtCRL OP(MD)/7912/2026granted

Manish v. State Of Tamilnadu Rep By Inspector Of Police, Elayangudi

2026-04-22Honourable Mr. Justice P.Dhanabal6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 22/04/2026

CORAM

THE HONOURABLE MR. JUSTICE P. DHANABAL Manish ... Petitioner/Sole Accused Vs State of Tamilnadu Rep by, The Inspector of Police, Elayangudi Police Station, Sivagangai District.

Crime No.21/2026.

... Respondent/Complainant PRAYER :- For Bail in Crime No.21/2026 on the file of the respondent Police.

For Petitioner : Pnssm.Ammaar, Advocate.

For Respondent : Mr.B.Nambi Selvan, Additional Public Prosecutor ORDER : The Court made the following order :- The petitioner / Accused, who was arrested and remanded to 1/6

judicial custody on 18.01.2026 for the offences punishable under Sections 8(c) r/w 20(b)(ii)(B) of NDPS Act, 1985, in Crime No.21 of 2026 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that the petitioner on 18.01.2026, at about 11.30 hours, on secret information, the respondent police went to the occurrence place and found the petitioner was in illegal possession of 3 kg of ganja. 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. He would further submit that the contraband recovered from the petitioner is only 2 kg and it does not come under the commercial quantity and he has been arrested and remanded to judicial custody on 18.01.2026. Therefore, prayed to grant bail for the petitioner.

4. The learned Additional Public Prosecutor appearing for the respondent strongly opposed to grant bail to the petitioner on the ground 2/6

that the petitioner was found in illegal possession of 3 kg of ganja and the petitioner has 3 previous cases. Among them, 1 case is similar in nature. Hence, he strongly opposed to grant bail to the petitioner. He would further submit that the investigation was completed and charge sheet was filed before the concerned Court and the same was taken on file and the case was posted to 29.04.2026 for framing charges.

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, the quantity involved in this case is not a commercial quantity and the investigation was completed and charge sheet was filed before the concerned Court and the same was taken on file and the case was posted to 29.04.2026 for framing charges and though the petitioner has previous cases, all are not similar kind of cases and in that cases, he was released on bail and anticipatory bail and also considering the period of incarceration undergone by the petitioner, this Court is inclined to grant bail to the petitioner subject to the following 3/6

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 Special Court for EC and NDPS Act Cases, Pudukottai, Pudukottai District, and on further conditions that: [b] the petitioner shall report before the trial Court on all working days 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;

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[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) 22.04.2026 dss P. DHANABAL,J DSS 5/6

To 1.The Special Court for EC and NDPS Act Cases, Pudukottai, Pudukottai District.

2.The Inspector of Police, Elayangudi Police Station, Sivagangai District.

3. The Superintendent, Central Prison, Madurai.

4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

ORDER

IN CRL OP(MD) No.7912 of 2026 Date : 22/04/2026 6/6