Arunkumar v. State Of Tamilnadu Rep By Inspector Of Police, Naduveerapattu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 22.04.2026 PRESENT THE HONOURABLE MR. JUSTICE P. DHANABAL CRL OP(MD). No. 21002 of 2025 Arunkumar

...Petitioner

Vs State of Tamil Nadu rep. by The Inspector of Police, Naduveerapattu Police Station Cuddalore District.

(Crime No.261 of 2025)

...Respondent/Complainant

For Petitioner : Mr.S.Sathiyachidambaram Advocate.

For Respondent : Mr.B.Nambi Selvan Additional Public Prosecutor PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- For Bail in Cr.No. 261 of 2025 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 06.10.2025 for the offences punishable under Sections 8(C) r/w 20(b)(ii)(C) of NDPS Act,, in Crime No.261 of 2025 on the file of the 1/6

respondent police, seeks bail.

2. The case of the prosecution is that on secret information, the police officials went to the spot and found that the petitioner along with other accused persons are in possession of 20 kilograms of Ganja. 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. Even as per the prosecution the quantity of recovered contraband from this petitioner is 1.035 kgs. which is not commercial quantity. Therefore, prayed to grant bail for the petitioner.

4. The learned Additional Public Prosecutor appearing for the respondent would submit that the offence are grave in nature. Totally 15 accused involved in this case. Totally 20 kilograms of ganja have been seized, which is commercial quantity. In respect of this petitioner they recovered 1.035 kgs. of ganja in separate mahazar. Hence, he opposed the grant of bail to the petitioner. The petitioner has one previous case.

2/6

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, considering the nature of charges levelled against the petitioner, though the prosecution has stated that the quantity involved is commercial quantity, the contraband was recovered from different persons through separate mahazar and all the contraband are clubbed together, as far as this petitioner is concerned 1.035 grams alone has been recovered and the same is not commercial quantity, the petitioner has no similar kind of cases, though the petitioner has one previous case with regard to civil dispute, in that case also already he was granted bail, and 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 District and Sessions Judge, Special Court under Essential Commodities Act, Thanjavur, and on further conditions that:

3/6

[b] the petitioner shall report before the trial Court namely District and Sessions Judge, Special Court under Essential Commodities Act, Thanjavur, at 10.30 a.m., on all working days, until further orders.

[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 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 4/6

registered under Section 269 BNS.

(P D B J) 22.04.2026 TM To 1.The District and Sessions Judge, Special Court under Essential Commodities Act, Thanjavur.

2.The Inspector of Police, Naduveerapattu Police Station Cuddalore District.

(Crime No.261 of 2025) 3.The Superintendent, Central Prison, Trichy. 4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

5/6

P. DHANABAL, J.

TM

ORDER

IN CRL OP(MD) No. 21002 of 2025 Date : 22.04.2026 6/6