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CRL OP No. 17377 of 2026 __________ Page1 of 6 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 07-07-2026 CORAM THE HON'BLE MR.JUSTICE C.KUMARAPPAN CRL OP No. 17377 of 2026 Govindasamy S/o. Duraisamy, Mottur Adavi Boothagur, Kuppam Taluk, Chitoor District. Andhara Pradesh. ..Petitioner/ Accused No.1 Vs State of Tamil Nadu represented The Inspector of Police, Vaniyambadi Town Police Station, Crime No.223 of 2026 ..Respondent/ Complainant Prayer: Criminal Original Petition filed under section 483 of BNSS to enlarge the petitioner on bail concerned in Crime No.223 of 2026 on the file of the Inspector of Police, Vaniyambadi Town Police Station, Tirupattur District. For Petitioner(s): Mr.R.Parthiban For Respondent(s): Mr.S.Yogaraja Sekar, Government Advocate (crl.side)
ORDER The petitioner, who was arrested and remanded to judicial custody on 21.06.2026 for the alleged offences under Sections 8(c), 20(b)(ii)(A) of NDPS Act, 1985 and Section 123 of BNS, 2023 in Crime No.223 of 2026 on the file of https://www.mhc.tn.gov.in/judis
CRL OP No. 17377 of 2026 __________ Page2 of 6 the respondent police, seeks bail.
2. The case of the prosecution is that the petitioner was found in possession of 60 grams of ganja and that the co-accused was found in possession of 57 grams of ganja. It is further alleged that a Splendor Plus bike bearing Registration NO. TN 83 W 1553 was used for the purpose of selling ganja and it is alleged that they were procured the ganja from the state of Andra Pradesh. Hence, a case has been registered against the petitioner.
3. The learned counsel for the petitioner submitted that the petitioner has been falsely implicated in this case and that he has not committed any offence as alleged by the prosecution. He further submitted that the petitioner has been in custody since 21.06.2026 and is ready to abide by any stringent conditions that may be imposed by this Court. Hence, he prayed for grant of bail to the petitioner.
4. The learned Government Advocate (Crl. Side) appearing for the respondent police reiterated the prosecution case and submitted that that the petitioner was arrested on 21.06.2026. The petitioner is arrayed as A1 out of three accused. It was further submitted that the total recovery in the case is 117 grams of ganja, out of which 57 grams was recovered from the possession of the petitioner (A1). The learned Government Advocate prayed for dismissal of the bail application, considering the nature of the offence. https://www.mhc.tn.gov.in/judis
CRL OP No. 17377 of 2026 __________ Page3 of 6
5. I have given anxious consideration to the submissions made by the
learned counsel appearing on either side and also perused the materials available on record
6. Considering the submissions made by the learned Government Advocate (Crl. Side), it is seen that the petitioner is in judicial custody since 21.06.2026. The petitioner has no previous criminal antecedents. The total recovery in the case is 117 grams of ganja, out of which only 57 grams was recovered from the possession of the petitioner. The quantity allegedly recovered from the petitioner falls within the small quantity. Considering the absence of any previous criminal antecedents, the small quantity of contraband allegedly recovered from the petitioner, and the period of incarceration already undergone by him, this Court is of the considered view that further custodial detention of the petitioner is not required. Hence, this Court is inclined to enlarge the petitioner on bail, subject to the following conditions. 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 each, for a like sum to the satisfaction of the learned District & Sessions Judge, Tirupattur, and on further conditions that: [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 https://www.mhc.tn.gov.in/judis
CRL OP No. 17377 of 2026 __________ Page4 of 6 police daily at 10.30 a.m., and 5.30 p.m. for a period of 30 days and thereafter 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 pass appropriate orders against the petitioner in accordance with law as if the aforementioned 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)13 SCC 283]; [f] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S. 07-07-2026 jrs 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. https://www.mhc.tn.gov.in/judis
CRL OP No. 17377 of 2026 __________ Page5 of 6 To
1. The District & Sessions Judge, Tirupattur. 2. The Inspector of Police, Vaniyambadi Town Police Station, Crime No.223 of 2026
3. The Superintendent, Sub Jail, Tirupattur. 4. The Public Prosecutor High Court of Madras. https://www.mhc.tn.gov.in/judis
CRL OP No. 17377 of 2026 __________ Page6 of 6 C.KUMARAPPAN, J. JRS CRL OP No. 17377 of 2026 07-07-2026 https://www.mhc.tn.gov.in/judis