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

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 08.04.2026 PRESENT THE HONOURABLE MR. JUSTICE P. DHANABAL Harikrishnan

...Petitioner/Accused

Vs State of Tamil Nadu rep. by The Inspector of Police, PEW- Madurai City (Crime No. 229 of 2025)

...Respondent/Complainant

For Petitioner : Mr.R.Gowri shankaar For Respondent : Mr.B.Nambi Selvan Additional Public Prosecutor PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- For Bail in Cr.No.229 of 2025 on the file of the respondent police. 1/6

ORDER : The Court made the following order :- The petitioner / A3, who was arrested and remanded to judicial custody on 07.10.2025 for the offences punishable under Sections 8(c) r/w. 20(b)(ii) (C), 29(1) and 25 of NDPS Act in Crime No.229 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 23kgs of ganja which is a commercial quantity. 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 the respondent police has not followed the mandatory procedures under Section 50 of NDPS Act. He would further submit that the petitioner is studying B.Com, 2nd year in Madurai Kamaraj University. The petitioner has been arrested and remanded to judicial custody on 07.10.2025. He would further submit that no previous case is pending against the petitioner and no contraband was recovered from this petitioner. 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 23kgs of ganja which is a commercial quantity There are materials available as against the petitioner. 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 considering the fact that no contraband was recovered from this petitioner and even as per the case of prosecution the contraband was recovered from the car in which A1 and A2 travelled and also considering the fact that no previous case is pending against the petitioner and also the fact that the petitioner neither travelled in the car nor has possession of contraband and also considering the period of incarceration suffered by the petitioner, this Court is inclined to grant bail to the petitioner subject to the following conditions:

3/6

[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 Principal Special Court for for Trial of NDPS cases, Madurai and on further conditions that: [b] the petitioner shall report before the trial Court on all working days at 5.00 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 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) 08.04.2026 aav To 1.The Principal Special Court for for Trial of NDPS cases, Madurai 2.The Inspector of Police, PEW- Madurai City

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. 19100 of 2025 Date : 08.04.2026 6/6