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Madras High CourtCRL OP(MD)/9422/2026granted

Arunkumar v. State Of Tamilnadu Rep By Inspector Of Police, Velipalayam

2026-06-11Honourable Mr. Justice P.Dhanabal6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 11/06/2026

CORAM

THE HONOURABLE MR. JUSTICE P. DHANABAL Arunkumar ... Petitioner/Sole Accused Vs State of Tamilnadu Rep by, The Inspector of Police, Velipalayam Police Station, Nagapattinam District.

(Cr. No. 122/2026).

... Respondent/Complainant PRAYER :- For Bail in Crime No.122/2026 on the file of the respondent police.

For Petitioner : C.Suresh Kannan, Advocate.

For Respondent : Mr.G.Ganesh Kumar, Government Advocate (Crl.Side)

ORDER

The petitioner / Accused, who was arrested and remanded to 1/6

judicial custody on 14.03.2026 for the offences punishable under Sections 8(c) r/w 20(b)(ii)(B) of NDPS Act, in Crime No.122 of 2026 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that on 14.03.2026, on the secret information, the respondent police went to the place of occurrence, and found that the petitioner was in illegal possession of 1.200 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 quantity involved in this case is not a commercial quantity and he has been arrested and remanded to judicial custody on 14.03.2026. 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 1.200 kg of ganja which is a intermediate quantity and the investigation is still pending and the petitioner has 35 previous cases and among them, 5 cases are similar in nature. Hence, he strongly opposed to grant 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, nature of offence, and the quantity involved in this case is not a commercial quantity and though the prosecution stated that the petitioner has 35 previous cases and among them, 5 cases are similar in nature, in those cases, some of the cases were already disposed of and in remaining cases, he was released on bail and no case is pending for commercial quantity 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 conditions: [a] Accordingly, the petitioner is ordered to be released on bail on condition to execute a bond for a sum of 3/6

Rs.10,000/- (Rupees Ten Thousand only) with two sureties each for a like sum to the satisfaction of the Special Court under Essential Commodities Act, Thanjavur, and on further conditions that:

[b] the petitioner shall report before the respondent police daily at 10.30 a.m., and 05.00 p.m, until further orders;

[c] the petitioner shall not commit any offence similar to the offence of which she is accused, or suspected, or of the commission of which 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 4/6

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.

11.06.2026 dss P. DHANABAL,J dss TO 5/6

1.The Special Court under Essential Commodities Act, Thanjavur.

2. The Inspector of Police, Velipalayam Police Station, Nagapattinam District. 3.The Superintendent, District Jail , Nagappattinam.

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

ORDER

IN CRL OP(MD) No.9422 of 2026 Date : 11/06/2026 6/6