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Madras High CourtCRL OP(MD)/11617/2026disposed of

Kathiresan v. State Of Tamilnadu Rep By Inspector Of Police, Pew-Madurai City

2026-06-19Honourable Mr. Justice P.Dhanabal5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 19/06/2026

CORAM

THE HONOURABLE MR. JUSTICE P. DHANABAL Kathiresan ... Petitioner/Accused No.5 Vs State of Tamilnadu Rep by, The Inspector of Police, PEW-Madurai City, Madurai.

(Crime No. 706 of 2024).

... Respondent/Complainant PRAYER :- To enlarge the Petitioner on bail in the event of his arrest in C.C.No. 427 of 2024 in Crime No. 706 of 2024 on the file II-Additional District Judge for NDPS Act Cases, Madurai, and thus render justice.

For Petitioner : Mr.S.Muniyandi for Mr.J.Jeya Aron Raja, Advocate.

For Respondent : Mr.N.Balasubramanian, Counsel For State of TN (Crl.Side) ORDER : The Court made the following order :- 1/5

The petitioner, who apprehends arrest at the hands of the respondent for the offences punishable under Section 8(c) r/w 20(b)(ii) (C) 29(1) of NDPS Act, in Crime No.706 of 2024 on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that on 12.06.2024, at about 11.30 a.m, on secret information, the respondent police went to Sudhakar Tea Shop, Solaiyazhagupuram, Jaihndpuram, Madurai. On seeing the police party, tA1 tried to escape from the scene of occurrence. However, they nabbed him and found that he was in possession of 4.750 kg of ganja. Based on his confession, they made on search at the house of A2 and found that 28.140 kg of ganja. Hence, the case.

3. The learned counsel for the petitioners would submit that the petitioner was already released on bail and since the petitioner has not turned up for the hearing, Non-Bailable Warrant (NBW) was ordered to be issued. He would further submit that the petitioner is innocent and he was falsely implicated in this case and he is no way connected in the above said incident. He would further submit that due to his illhealth, he 2/5

could not appear before the Trial Court. Hence, he prayed to grant anticipatory bail to the petitioner.

4. The learned Counsel For State of TN (Crl.Side) fairly admits that already bail was granted to the petitioner and due to non-appearance, Non-Bailable Warrant was issued against the petitioner. Hence, he opposed to grant anticipatory bail to the petitioner.

5. Heard both sides and perused the materials available on record.

6. Considering the rival submissions made on either side and considering the fact that already bail was granted to the petitioner and due to absence, Non-Bailable Warrant was issued and the same is pending, it is appropriate to direct the petitioner to appear before the Trial Court, where the NBW is pending and file an appropriate application for cancellation of NBW.

7. Accordingly, the petitioner is directed to appear before the Trial Court, where the NBW is pending and file an appropriate application for 3/5

cancellation of NBW within a period of fifteen (15) days from the date of receipt of this order. If such application is filed, the Trial Court is directed to consider the same on the same day in accordance with law, on merits.

8. Accordingly, this Criminal Original Petition is disposed of. 19.06.2026 dss To 1.The II Additional District Judge for NDPS Act Cases, Madurai.

2. The Inspector of Police, PEW-Madurai City, Madurai.

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

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P. DHANABAL,J DSS

ORDER

IN CRL OP(MD) No.11617 of 2026 Date : 19/06/2026 5/5