Kayambu v. The State Of Tamilnadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 09.06.2026 PRESENT THE HONOURABLE MR. JUSTICE P. DHANABAL CRL OP(MD). No. 10119 of 2026 Kayambu

...Petitioner

Vs State of Tamil Nadu rep. by The Inspector of Police, Kalaiyarkovil Police Station, Sivagangai District.

(Crime No.208 of 2026)

...Respondent/Complainant

For Petitioner : Mr.S.Vijayakumar Advocate.

For Respondent : Mr.G.Ganesh Kumar Government Advocate (Crl. Side) PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- For Bail in Cr.No. 208 of 2026 on the file of the respondent police. ORDER : The Court made the following order :- The petitioner / Accused, who was arrested and remanded to judicial custody on 08.05.2026, for the offences punishable under Sections 8(c) and 20(b)(ii)(B), of NDPS Act, in Crime No.208 of 2026 on the file of the 1/6

respondent police, seeks bail.

2. The case of the prosecution is that on 08.05.2026 on the secret information, the respondent police went to the scene of occurrence and found that the accused persons are in possession of 2 kgs. of Ganja. Hence, the case.

3. he learned counsel appearing for the petitioner would submit that the petitioner is an innocent person and he is in no way connected with this present case. He was falsely implicated in this case. Therefore, prayed to grant bail for the petitioner.

4. The learned Government Advocate (crl. Side) appearing for the respondent would submit that the offence are grave in nature. The petitioner along with other accused persons was in possession of 2 kgs. of Ganja. The petitioner has four previous cases under IPC offences. Investigation has been completed and final report has also been filed before the concerned Court. Hence, opposed the grant of bail to the petitioner.

5. This Court heard both sides and perused the materials available on record.

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6. Considering the rival submissions made by the learned counsel on either side, considering the nature of charges levelled against the petitioner, considering the quantity involved in this case, though the petitioner has some previous cases, they are not similar in nature and in all those cases he was granted bail, investigation has also been completed and final report has also been filed before the concerned Court and 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 Rs.

10,000/- (Rupees Ten Thousand only) with two sureties each for a like sum to the satisfaction of the learned Additional District and Sessions Judge/Presiding Officer, Special Court under EC & NDPS Act Cases, Pudukkottai, and on further conditions that: [b] the petitioner shall report before the learned Additional District and Sessions Judge/Presiding Officer, Special Court under EC & NDPS Act Cases, Pudukkottai, at 10.30 a.m.

[c] the petitioner shall not commit any offence similar to the 3/6

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; [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) 09.06.2026 TM To 1.The Additional District and Sessions Judge/Presiding Officer, Special Court under EC & NDPS Act Cases, Pudukkottai.

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2.The Inspector of Police, Kalaiyarkovil Police Station, Sivagangai District. (Crime No.208 of 2026) 3.The Superintendent, District Jail, Ramanathapuram. 4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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P. DHANABAL, J.

TM

ORDER

IN CRL OP(MD) No. 10119 of 2026 Date : 09.06.2026 6/6