Venkatesh Prabu v. State Of Tamilnadu Rep By Inspector Of Police, Thalamuthunagar
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 29.06.2026 PRESENT THE HONOURABLE MR. JUSTICE K. RAJASEKAR CRL OP(MD). No. 12702 of 2026 Venkatesh Prabhu
...Petitioner
Vs State of Tamil Nadu rep. by The Inspector of Police, Thalamuthunagar Police Station, Thoothukudi District.
(Crime No.425 of 2026)
...Respondent/Complainant
For Petitioner : Mr.J.Jeyaaron Raja Advocate For Respondent : Mr.N.Balasubramanian Counsel for State of TN (Crl. Side) PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- For Bail in Cr.No. 425 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 04.06.2026, for the offences punishable under Sections 8(c) r/w. 20(b)(ii)(B), 25 & 29(1) of NDPS Act, in Crime No.425 of 2026 on the file of 1/6
the respondent police, seeks bail.
2. The case of the prosecution is that the accused found in possession of 1.100 kilograms of ganja. Hence, the FIR has been registered by the respondent police.
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 contraband involved in this case is commercial quantity and so far as this petitioner is concerned the quantity involved is only 500 grams. Hence, Section 37 of the NDPS Act is not applicable to this case. He is in custody from 04.06.2026 and ready to abide any condition imposed by this Court. Hence, he prayed bail for the petitioner.
4. The learned Counsel appearing for the State reiterated the prosecution case and reported that the investigation in this case is still pending. So far as this petitioner is concerned 500 grams of ganja has been recovered from him and 600 grams of ganja has been recovered from A2. Totally 1.100 grams of ganja is involved in this case. The petitioner has one previous case, similar in 2/6
nature. He opposed the grant of bail to the petitioner.
5. This Court heard both sides and perused the materials available on record.
6. Considering the facts and circumstances of the case and nature of offences, the quantity involved in this case is not commercial quantity, hence, Section 37 of the NDPS Act will not applicable to this case, though the petitioner has one previous case, considering the period of incarceration and I am inclined to grant bail to the petitioner subject to certain conditions. [a] Accordingly, the petitioner is ordered to be released on bail on condition to execute a bond for a sum of Rs.15,000/- (Rupees Fifteen Thousand only) with two sureties each for a like sum to the satisfaction of the learned Sessions Judge, Principal Special Court for NDPS Act Cases, Madurai, and on further conditions that: [b] the petitioner shall stay at Erode and report before the Inspector of Police, Erode Town Police Station, Erode, daily at 10.30 a.m., for a period of four weeks, thereafter as and when required for interrogation;
[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 51730]. [g] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 BNS.
(K R S J) 29.06.2026 TM To 1.The Sessions Judge, Principal Special Court for NDPS Act Cases, Madurai. 4/6
2.The Inspector of Police, Thalamuthunagar Police Station, Thoothukudi District. (Crime No.425 of 2026) 4.The Inspector of Police, Erode Town Police Station, Erode. 4.The Superintendent, District Jail, Perurani, Thoothukudi District. 5.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
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K. RAJASEKAR, J.
TM
ORDER
IN CRL OP(MD) No. 12702 of 2026 Date : 29.06.2026 6/6