Harishwaran v. The State Of Tamil Nadu, Rep. By The Inspector Of Police,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 01.04.2026 PRESENT THE HONOURABLE MR. JUSTICE P. DHANABAL Harishwaran

...Petitioner/Accused

Vs State of Tamil Nadu rep. by The Inspector of Police, Velankanni Police Station, Nagapattinam Police Station (Crime No. 276 of 2024)

...Respondent/Complainant

For Petitioner : Mr.V.Panneer Selvam for J.Jawahar For Respondent : Mr.B.Nambi Selvan Additional Public Prosecutor PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- For Bail in Cr.No. 276 of 2024 on the file of the respondent police. 1/6

ORDER : The Court made the following order :- The petitioner / Accused, who was arrested and remanded to judicial custody on 20.07.2025 for the offences punishable under Sections 8(c) r/w. 20(b)(ii) (C) and Sections 25, 29(1) of NDPS Act in Crime No.276 of 2024 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 160kgs 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. He would further submit that based on the confession statement given by the coaccused this petitioner has been implicated as an accused. He would further submit that no contraband was recovered from this petitioner. The petitioner has been arrested and remanded to judicial custody on 20.07.2025. Hence, he prays to grant bail to the petitioner. 2/6

4. The learned Additional Public Prosecutor appearing for the respondent would submit that petitioner along with other accused were found in illegal possession of 160kgs of ganja which is a commercial quantity. He would further submit that the petitioner actively participated in the occurrence and already A1 and A2 was detained under Act. 14 of 1982 and earlier the petitioner was granted interim bail. He would further submit that already the petitioner has completed decree in the year 2015 and suppressing the same he has filed an application by making false representation and interim bail was also granted to him. Hence, he 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 and also the considering the fact that the petitioner is the not the named accused in the First Information Report and no contraband was recovered from this petitioner and only based on the confession statement of the co-accused this petitioner has been implicated as an accused and no similar kind of previous case is pending against the petitioner and though 3/6

the call details particulars obtained from the concerned authorities it can be tested during trial 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 Rs.10,000/- (Rupees Ten Thousand only) with two sureties each for a like sum to the satisfaction of the Additional District Judge/Presiding Officer, Special Court under Essential Commodities Act, Thanjavur and on further conditions that: [b] the petitioner shall report before the trial Court on all working days at 10.30 a.m.,and 5.30 pm., 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 4/6

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) 01.04.2026 aav To 1.The Additional District Judge/Presiding Officer, Special Court under Essential Commodities Act, Thanjavur 2.The Inspector of Police, Velankanni Police Station, Nagapattinam Police Station

3. The Superintendent,District Jail, Nagapattinam 4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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P. DHANABAL, J aav

ORDER

IN CRL OP(MD) No. 15307 of 2025 Date : 01.04.2026 6/6