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Madras High CourtCRL OP(MD)/9631/2026allowed

S.Manikandan v. State Of Tamilnadu Rep By Inspector Of Police, Virudhachalam

2026-05-20Honourable Mr Justice R.Vijayakumar6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 20.05.2026 PRESENT THE HONOURABLE MR. JUSTICE R.VIJAYAKUMAR 1.S.Manikandan 2.M.Mohammed Riyas ... Petitioners / Accused Nos.1 & 2 Vs State of Tamil Nadu Represented through its The Inspector of Police, Viruthachalam Police Station, Coddalore District.

(Crime No.155 of 2026)

...Respondent/Complainant

For Petitioners : Mr.P.Banuprasath For Respondent : Mr.E.Antony Sahaya Prabhahar Additional Public Prosecutor PETITION FOR BAIL Under Sec.483 of BNSS 1/6

PRAYER :- For Bail in Cr.No. 155 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 24.03.2026 for the offences punishable under Sections 8(c) r/w 20(b)(ii)(B) of NDPS, Act, 1985 in Crime No.155 of 2026 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that the petitioners were in illegal possession of 1 Kg 100 grams of Ganja. Hence the case.

3. The learned counsel appearing for the petitioner 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. Therefore, he prays to grant bail for the petitioners.

4. The learned Additional Public Prosecutor appearing for the respondent would submit that the petitioners were in illegal possession of 2/6

1 Kg 100 grams of ganja. He would further submit that investigation is pending and the offences are grave in nature and hence, 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 quantity of contraband involved in this case is not a commercial quantity and also 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 Additional District Judge / Presiding Officer, Special Court under Essential Commodities Act, Thanjavur, and on further conditions that:

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[b] the petitioners shall report before the respondent police on every Monday and Friday 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 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. 4/6

State of Kerala [(2005)AIR SCW 5560].

[g] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 BNS.

20.05.2026 rmi To 1.The Additional District Judge / Presiding Officer, Special Court under Essential Commodities Act, Thanjavur.

2.The Inspector of Police, Viruthachalam Police Station, Coddalore District.

3. The Superintendent, Central Jail, Cuddalore.

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

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R.VIJAYAKUMAR, J rmi

ORDER

IN CRL OP(MD) No. 9631 of 2026 Date : 20.05.2026 6/6