← Library
Madras High CourtCRL OP(MD)/10961/2026granted

Franklinjoseph Raj v. The State Of Tamilnadu Rep. By

2026-06-12Honourable Mr. Justice P.Dhanabal6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 12/06/2026

CORAM

THE HONOURABLE MR. JUSTICE P. DHANABAL Franklinjoseph Raj ... Petitioner/Accused No.2 Vs The State of Tamilnadu Rep., By, The Inspector of Police, Ponmalai Police Station, Trichy District.

(Crime No. 68 of 2026). ... Respondent/Complainant PRAYER :- For Bail in Crime No. 68 of 2026 on the file of the respondent police...

For Petitioner : B.Jameelarasu, Advocate.

For Respondent : Mr.G.Ganesh Kumar, Government Advocate (Crl.Side) ORDER : The Court made the following order :- The petitioner / Accused, who was arrested and remanded to 1/6

judicial custody on 09.05.2026 for the offences punishable under Sections 8(c), 20(b)(ii)(A) of the NDPS Act, and Section 77 of Juvenile Justice (Care and protection of Children) Act, 2015, in Crime No.68 of 2026 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that on 09.05.2026, at about 08.00 a.m, when the respondent police were on patrol duty near Infant Jesus Matriculation School, found that the petitioner and other accused were in illegal possession of 100 grams of ganja meant to be sold to the school going children. 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 petitioner has been arrested and remanded to judicial custody on 09.05.2026. Therefore, prayed to grant bail for the petitioner.

4. The learned Government Advocate (Crl.Side) appearing for the respondent would submit that the petitioner and other accused were 2/6

found in illegal possession of 100 grams of ganja and the investigation is still pending and the petitioner has 16 previous cases and among them, 1 case is 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 16 previous cases, all the cases are not a similar kind of offences and in those cases, he was released on bail 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 Rs.10,000/- (Rupees Ten Thousand only) with two sureties each for a like sum to the satisfaction of the learned Judicial 3/6

Magistrate No.V, Trichy, and on further conditions that: [b] the petitioner shall report before the Ulundurpet Police Station daily at 10.30 a.m., for a period of 30 days and thereafter, as and when required for interrogation. [c] the petitioner shall not commit any offence similar to the 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 4/6

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) 12.06.2026 dss To 1.The Judicial Magistrate No.V, Trichy.

2.The Inspector of Police, Ponmalai Police Station, Trichy District.

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

5.The Inspector of Police, Ulundurpet Police Station, Kallakurichi District.

5/6

P. DHANABAL,J DSS

ORDER

IN CRL OP(MD) No.10961 of 2026 Date : 12/06/2026 6/6