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2026 DAILYLAW 46737 (MAD)

Jegathhari @ Sakthi v. State rep.by

CRL OP/15845/2026 · 2026-07-09

C Kumarappan

Transfer Petitionbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

CRL OP No. 15845 of 2026 __________ Page1 of 6 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 09-07-2026 CORAM THE HON'BLE MR.JUSTICE C.KUMARAPPAN CRL OP No. 15845 of 2026 Jegathhari @ Sakthi S/o.Ramarajan, D.No.1/35, Cap street, Chinniyam Palayam village, Coimbatore north taluk, Coimbatore district. ..Petitioner(s) Vs State rep.by The Inspector of Police, Peelamedu Police station, Coimbatore City. Cr.No.121 of 2026. ..Respondent(s) Prayer : Criminal Original Petition filed under section 483 of BNSS, 2023 to enlarge the petitioner on bail pending investigation of the case in the Cr.No.121 of 2026 on the file of the respondent. For Petitioner(s): Mr.M.Vijaya Ragavan For Respondent(s): Mr.S.Yogaraja Sekar, Counsel for Government of Tamil Nadu (Criminal Side) ORDER The petitioner, who was arrested and remanded to judicial custody on 15.03.2026 for the alleged offence under Section 8(c), 20(b)(ii)(B), 22(b), 25 and 29(1) of NDPS Act, 1985 in Crime No.121 of 2026 on the file of the respondent police, seeks bail. https://www.mhc.tn.gov.in/judis CRL OP No. 15845 of 2026 __________ Page2 of 6 2. The case of the prosecution is that the petitioner along with other accused was found in illegal possession of 1.250 kgs of ganja and 50 nos. of Tapentadol Tablets and the same was seized by the respondent police. Hence, this case. 3. The learned counsel appearing for the petitioner submitted that the petitioner is arrayed as A2 and has been arrested and remanded to judicial custody since 15.03.2026. He further submitted that, according to the prosecution, the total recovery from A1 and A2 was 1.250 kgs of ganja and 50 numbers of Tapentadol Tablets. As far as the petitioner is concerned, the alleged recovery is only 50 Tapentadol Tablets, which constitutes an intermediate quantity. He further submitted that the petitioner has been falsely implicated in the present case and that he has not committed any offence as alleged by the prosecution. He would further submit 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. Per contra, the learned Government Advocate (Criminal Side) appearing for the Respondent Police reiterated the prosecution case and submitted that the petitioner has 15 previous cases, including two cases under NDPS Act. Hence, opposed to grant bail to the petitioner. https://www.mhc.tn.gov.in/judis CRL OP No. 15845 of 2026 __________ Page3 of 6 5. I have given my anxious consideration to either side submissions and perused the materials available on record. 6. From the submissions made by the learned counsel on either side, it is seen that the recovery attributed to the petitioner is 50 Tapentadol Tablets, even the entire recovery falls within the category of an intermediate quantity. Further, the petitioner has been in judicial custody since 15.03.2026. Considering the facts and circumstances of the case, this Court is inclined to grant bail to the petitioner on certain 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, for a like sum to the satisfaction of the learned Judicial Magistrate No.II, 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; [b] the petitioner shall report before the respondent police daily at 10.30 a.m. and 5.30 p.m, for a period of one month; https://www.mhc.tn.gov.in/judis CRL OP No. 15845 of 2026 __________ Page4 of 6 [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. 09-07-2026 DRL 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. 15845 of 2026 __________ Page5 of 6 To 1.The Judicial Magistrate No.II, Coimbatore. 2. The Inspector of Police, Peelamedu Police station, Coimbatore City. 3.The Superintendent, Central Prison, Coimbatore. 4.The Public Prosecutor, High Court, Madras. https://www.mhc.tn.gov.in/judis CRL OP No. 15845 of 2026 __________ Page6 of 6 C.KUMARAPPAN, J. DRL CRL OP No. 15845 of 2026 09-07-2026 https://www.mhc.tn.gov.in/judis