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2026 DAILYLAW 45810 (MAD)

Bibin v. The State Rep by

CRL OP/17320/2026 · 2026-07-07

C Kumarappan

Transfer Petitionbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

CRL OP No. 17320 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. 17320 of 2026 Bibin S/o. Sugumaran, Chembakassery, Kallullathode, Thalayad post, Kanthalad, Kozhikode, Kerala. ..Petitioner/Accused Vs The State Rep by The Inspector of Police, NIB CID, Coimbatore. Crime No.20/2026 ..Respondent/ Complainant Prayer: Criminal Original Petition filed under section 483 of BNSS to enlarge the petitioner on bail in crime No.20 of 2026 pending on the file of the Inspector of Police, NIB CID, Coimbatore and render justice For Petitioner(s): Mr. C.D.Sugumar For Respondent(s): Mr.S.Yogaraja Sekar, Govt.Advocate (crl.Side ) Order The petitioner, who was arrested and remanded to judicial custody on 22.05.2026 for the alleged offences under Sections 8(c) read with 20(b)(ii)(B) of NDPS Act, 1985 in Crime No.20 of 2026 on the file of the respondent police, https://www.mhc.tn.gov.in/judis CRL OP No. 17320 of 2026 __________ Page2 of 6 seeks bail. 2. The case of the prosecution is that the petitioner was found in possession of 4 kilograms of Ganja and he belongs to Orissa and he is in the habit of procuring Ganja from Orissa and selling the same in the local areas of Coimbatore. 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 22.05.2026 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 the petitioner was arrested on 22.05.2026. It was further submitted that 4 kilograms of ganja, which falls within the intermediate quantity, was recovered from the petitioner. The learned Government Advocate further submitted that the petitioner has one previous criminal case of a similar nature and is a native of the State of Kerala. Hence, considering the criminal antecedent of the petitioner and the nature of the offence, the learned Government Advocate prayed for dismissal of the bail application. 5. I have given anxious consideration to the submissions made by the https://www.mhc.tn.gov.in/judis CRL OP No. 17320 of 2026 __________ Page3 of 6 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 has one previous criminal case of a similar nature. However, in the present case, the recovery from the petitioner is only 4 kilograms of ganja, which falls within the intermediate quantity. The petitioner has been in judicial custody since 22.05.2026. Considering the nature of the recovery, the period of incarceration already undergone by the petitioner, and the facts and circumstances of the case, this Court is of the view that further custodial interrogation of the petitioner is not required. 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 one blood surety and another one is local surety for a like sum to the satisfaction of the learned Additional District Judge / Presiding Officer, Special Court for Essential commodities Act Cases, Coimbatore, 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; https://www.mhc.tn.gov.in/judis CRL OP No. 17320 of 2026 __________ Page4 of 6 [b] the petitioner shall report before the respondent 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. 17320 of 2026 __________ Page5 of 6 To 1. The Additional District Judge / Presiding Officer, Special Court for Essential commodities Act Cases, Coimbatore, 2. The Inspector of Police, NIB CID, Coimbatore. Crime No.20/2026 3. The Superintendent, Central Prison, Combatore. 4. The Public Prosecutor High Court of Madras. https://www.mhc.tn.gov.in/judis CRL OP No. 17320 of 2026 __________ Page6 of 6 C.KUMARAPPAN J. JRS CRL OP No. 17320 of 2026 07-07-2026 https://www.mhc.tn.gov.in/judis