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Madras High CourtCRL OP(MD)/9935/2026allowed

Prakash @ Mattu Prakash v. The State Of Tamil Nadu

2026-05-27Honourable Mr Justice K.Murali Shankar6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 27/05/2026 PRESENT The HONOURABLE MR. JUSTICE K.MURALI SHANKAR Prakash @ Mattu Prakash, S/o.Thiravidamani, No.26, Vannandurai, Town Karambai, Keelavasal, Thanjavur District.

... Petitioner/Accused Vs The State of Tamil Nadu, Rep By, The Inspector of Police, Thanjavur Town East Police Station, Thanjavur District.

Cr.No.158 of 2026.

... Respondent/Complainant For Petitioner : Mr.C.Senthil Murugan, Advocate.

For Respondent : Mr.D.Venkatesh, Counsel for State of TN (Crl. side) 1/6

PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- For Bail in Crime No.158 of 2026 on the file of the respondent police.

ORDER : The Court made the following order :- The petitioner/A1, who was arrested and remanded to judicial custody on 15.04.2026 for the offences punishable under Section 8(c) & 20(b)(ii)(B) of NDPS Act in Crime No.158 of 2026, on the file of the respondent police, seeks bail. 2.The case of the prosecution is that on 15.04.2026, at about 11.30 a.m., on secret information from the informant that some persons were selling Ganja near Royal City Garden, Thanjavur, by parking the car bearing Reg.No.TN-61-R-6635 and two wheelers bearing Reg.Nos.TN-39-CL-3006 and TN-48-AJ-6774, the respondent police went to the place of occurrence, and on search, they found that the petitioner and other accused were in illegal possession of 2.500 kg of Ganja. Hence, the complaint. 2/6

3.The learned counsel for the petitioner would submit that the petitioner is innocent and he has been falsely implicated in this case. He would further submit that the second accused was already granted bail by this Court in Crl.O.P.(MD)No.9419 of 2026 on 13.05.2026. Hence, he seeks bail.

4.The learned Counsel for the State of Tamil Nadu (Crl. side) strongly opposed to grant bail on the ground that the petitioner has five previous cases, in which, three cases are under the NDPS Act for lesser quantities.

5.Considering the above facts and circumstances of the case and also the quantum of contraband seized and also the fact that the second accused was already granted bail by this Court, this Court is inclined to grant bail to the petitioner subject to the following conditions:

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6.Accordingly, the petitioner is ordered to be released on bail on his executing a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) with two sureties each for a like sum to the satisfaction of the Special Court under Essential Commodities Act, Thanjavur.

i) the sureties shall affix their photographs and left thumb impression in the surety bond and the Magistrate/concerned court may obtain a copy of their Aadhar card or Bank Pass Book to ensure their identity ii) the petitioner shall report before the respondent police daily at 10.30 a.m until further orders.

Iii) the petitioner shall not tamper with evidence or witness. iv) the petitioner shall not abscond during trial. v)On breach of any of the aforesaid conditions, the learned 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 4/6

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].

vi) If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.

(K M S J) 27.05.2026 SJI TO

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

2. Do-Through The Chief Judicial Magistrate, Thanjore District.

3. The Superintendent, District Prison, Thanjavur.

4. The Inspector of Police, Thanjavur Town East Police Station, Thanjavur District.

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

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K.MURALI SHANKAR,J SJI

ORDER

IN CRL OP(MD) No.9935 of 2026 Date : 27/05/2026 6/6