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2026 DAILYLAW 10116 (MAD)

NATHIESHWARAN v. The Inspector of Police,

CRL OP/5456/2026 · 2026-03-04

C Kumarappan

Transfer Petitionbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

CRL OP No. 5456 of 2026 __________ Page1 of 5 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 04-03-2026 CORAM THE HON'BLE MR.JUSTICE C.KUMARAPPAN CRL OP No. 5456 of 2026 Nathieshwaran ..Petitioner Vs The Inspector of Police, Tiruppur Central Police Station, Tiruppur District. Cr.No.40 of 2026. ..Respondent PRAYER : Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioner on bail in Crime No.40 of 2026 pending investigation on the file of the respondent police. For Petitioner: Mr.T.Balaji For Respondent: Mr.S.Vinoth Kumar Government Advocate (Crl.Side) ORDER The petitioner, who was arrested and remanded to judicial custody on 02.02.2026 for the alleged offences under Sections 8(c) r/w 20(b)(ii)(B), 29(1) and 25 of NDPS Act, 1985 in Crime No.40 of 2026 on the file of the respondent police, seeks bail. 2. The case of the prosecution is that on 02.02.2026, the respondent police went to the spot and allegedly recovered 1.050 grams of ganja from the petitioner and three others. Hence the case. https://www.mhc.tn.gov.in/judis CRL OP No. 5456 of 2026 __________ Page2 of 5 3. The learned counsel appearing for the petitioner submitted that the petitioner has been remanded to judicial custody on 02.02.2026 for the alleged joint possession of 1.050 kilograms of Ganja and the quantity involved in this case is not a commercial quantity. He further submitted that there is no recovery of contraband from this petitioner and that there is no previous case is pending against the petitioner. He also submitted that the petitioner is ready to abide by any stringent conditions that may be imposed by this Court. Hence, he prays for grant of bail to the petitioner. 4. The said factual position is not seriously disputed by the learned Government Advocate (Crl. Side) appearing for the respondent. 5. I have given anxious consideration to the submissions made by the learned counsel on either side. 6. Considering the fact that the quantity involved in the present case is not a commercial quantity, the petitioner has undergone incarceration since 02.02.2026, there are no previous cases pending against the petitioner and also taking into account the young age of the petitioner, this Court is of the view that this is a fit case to enlarge the petitioner on bail, subject to certain conditions. https://www.mhc.tn.gov.in/judis CRL OP No. 5456 of 2026 __________ Page3 of 5 7. Accordingly, the petitioner is ordered to be released on bail on his executing a bond for a sum of Rs.25,000/- (Rupees Twenty-Five Thousand only), with two sureties for a like sum each to the satisfaction of the learned Judicial Magistrate No.II, Tiruppur and subject to the following conditions: [a] the sureties shall affix their photographs and Left Thumb Impression in the Application for Surety ship [Judicial Form No.46 annexed to 'The Criminal Rules of Practice, 2019']. The learned Magistrate shall obtain a copy of any one of the identity proofs to ensure their identity; [b] the petitioner shall report before the respondent police twice a day at 10.30 a.m. and 05.30 p.m. for a period of one month and thereafter appear before the respondent police at 10.30 a.m. for a further period of two weeks and as and when required for interrogation; [c] the petitioner shall not abscond either during investigation or trial; [d] the petitioner shall not tamper with the evidence or witness either during investigation or trial; [e] on breach of any of the aforementioned conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the petitioners in accordance with law as if the conditions had been imposed and the petitioners released on https://www.mhc.tn.gov.in/judis CRL OP No. 5456 of 2026 __________ Page4 of 5 bail by the learned Magistrate/Trial Court itself, as laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005)13 SCC 283]; [f] if the petitioner thereafter abscond, a fresh FIR may be registered under Section 269 of the Bharatiya Nyaya Sanhita, 2023. 04-03-2026 NSL Note: 1. Registry is directed to forthwith upload this order in the Official Website of this Court. 2. All concerned to act on this order being uploaded in Official Website of this Court without insisting on certified hard copies. To be noted, this order when uploaded in the official website of this Court will be watermarked and will also have a QR code. To: 1. The Judicial Magistrate No. II, Tirupur 2. The Inspector of Police, Tiruppur Central Police Station, Tiruppur District. 3. Central Prison, Coimbatore. 4.The Public Prosecutor, High Court of Madras. https://www.mhc.tn.gov.in/judis CRL OP No. 5456 of 2026 __________ Page5 of 5 C.KUMARAPPAN, J. NSL CRL OP No. 5456 of 2026 04-03-2026 https://www.mhc.tn.gov.in/judis