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Madras High CourtCRL OP(MD)/10242/2026granted

Umaiyakumar @ Periya Eli v. State Of Tamilnadu Rep By Inspector Of Police, Jaihindpuram

2026-06-22Honourable Mr. Justice P.Dhanabal6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 22.06.2026 PRESENT THE HONOURABLE MR. JUSTICE P. DHANABAL Umaiyakumar @ Periya Eli

...Petitioner/Accused

Vs The Inspector of Police Jaihindpuram Police Station, Madurai District (Crime No. 738 of 2025)

...Respondent/Complainant

For Petitioner : Mr.M.Karunanithi For Respondent : Mr.G.Ganesh Kumar Government Advocate (Crl.Side) PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- For Bail in Cr.No.738 of 2025 on the file of the respondent police. ORDER : The Court made the following order :- The petitioner / A3, who was arrested and remanded to judicial custody on 31.07.2025 for the offences punishable under Sections 8 (c), 1/6

20(b)(ii)(C)and 25 of NDPS Act in Crime No.738 of 2025 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that the petitioner along with other accused were found in illegal possession of 22kgs of ganja. Hence the case.

3. The learned counsel for the petitioner would submit that the respondent police has registered a false case against the petitioner and he has not committed any offence as alleged by the prosecution. The petitioner has been arrested and remanded to judicial custody on 31.07.2025. He would further submit that in this case investigation has been completed and final report has been filed before the concerned Court. Hence, he prays to grant bail to the petitioner.

4. The learned Government Advocate (Crl.Side) appearing for the respondent would submit that the petitioner along with other accused were found in illegal possession of 22 kgs of ganja which is a commercial quantity. He would further submit that 17 previous cases are pending against the petitioner. Hence, he opposed to grant bail to the petitioner. 2/6

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 and considering the nature of offences and though the prosecution has stated that the quantity involved in this case is a commercial quantity no contraband was recovered from this petitioner and the contraband was recovered from other accused and even according to the case of the prosecution the petitioner along with other accused have travelled in a two wheeler at that time they were intercepted and thereafter the contraband was seized from the first accused. Though the prosecution has stated that 17 previous cases are pending against the petitioner already some of the cases were disposed of and no cases under NDPS Act are pending against the petitioner and also the fact that the investigation has been completed and final report has been filed before the concerned Court and also taking into consideration the period of incarceration suffered 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 I Additional Special Court for trial of NDPS Act Cases, Madurai and on further conditions that:

[b] the petitioner shall report before the I Additional Special Court for trial of NDPS Act Cases, Madurai daily at 10.30 a.m. and 5.00 p.m, until further orders. [c] the petitioner shall not commit any offence similar to the offence of which he is accused, or suspected, or of the commission of which he 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 4/6

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) 22.06.2026 aav To 1.The I Additional Special Court for trial of NDPS Act Cases, Madurai 2.The Inspector of Police Jaihindpuram Police Station, Madurai District

3. The Superintendent, Central Prison, Madurai. 4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

5/6

P. DHANABAL, J aav

ORDER

IN CRL OP(MD) No. 10242 of 2026 Date : 22.06.2026 6/6