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2026 DAILYLAW 46876 (MAD)

Prakash v. The State Rep By, The Inspector of Police

CRL OP/17655/2026 · 2026-07-09

C Kumarappan

Transfer Petitionbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

CRL OP No. 17655 of 2026 __________ Page1 of 5 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 09-07-2026 CORAM THE HON'BLE MR.JUSTICE C.KUMARAPPAN CRL OP No. 17655 of 2026 Prakash S/o Pachamuthy, No.13, E, Rajiv Gandhi Nagar, Perambur, Chennai. ..Petitioner(s) Vs The State Rep By, The Inspector of Police G5 Secretariat Colony Police Station, Chennai. Crime No.361 of 2026. ..Respondent(s) Prayer : Criminal Original Petition filed under section 483 of BNSS, 2023 to enlarge the petitioners on bail in G5 Crime No.361 of 2026 pending on the file of the respondent police. For Petitioner(s): Mr.M.Madhan 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 02.06.2026 for the alleged offence under Sections 8(c), r/w 20(b)(ii) NDPS Act, 1985 in Crime No.361 of 2026 on the file of the respondent police, seeks bail. https://www.mhc.tn.gov.in/judis CRL OP No. 17655 of 2026 __________ Page2 of 5 2. The case of the prosecution is that the petitioner along with other accused was found in possession of 1.150 grams of Ganja and seized the bag. Hence, this case. 3. The learned counsel for the petitioner submitted that the petitioner is innocent and he has been falsely implicated in this case. He further submitted that the petitioner’s bail application was dismissed by the learned Principal Sessions Judge on the ground that he had criminal antecedents. However, the petitioner had only one previous case registered against him under Section 302 IPC, in which he was acquitted by judgment dated 06.09.2021. Hence, he prays to grant 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 no previous case, pending against him. Hence, he opposed the grant of bail to the petitioner. 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 and https://www.mhc.tn.gov.in/judis CRL OP No. 17655 of 2026 __________ Page3 of 5 considering the fact that the contraband involved is 1.150 grams of ganja, which falls under intermediate quantity, though it is slightly higher than the small quantity, and further considering that the petitioner has no criminal antecedents and he has been in judicial custody since 02.06.2026, this Court is inclined to enlarge the petitioner on bail 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 each, for a like sum to the satisfaction of the learned II Metropolitan Magistrate at Egmore, Chennai, 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., until further orders and no relaxation petition shall be entertained for a period of 60 days; [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 https://www.mhc.tn.gov.in/judis CRL OP No. 17655 of 2026 __________ Page4 of 5 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. To 1.The II Metropolitan Magistrate, Egmore, Chennai. 2.The Inspector of Police G5 Secretariat Colony Police Station, Chennai. 3.The Superintendent, Central Prison, Puzhal, Chennai. 4.The Public Prosecutor, High Court, Madras. https://www.mhc.tn.gov.in/judis CRL OP No. 17655 of 2026 __________ Page5 of 5 C.KUMARAPPAN, J. DRL CRL OP No. 17655 of 2026 09-07-2026 https://www.mhc.tn.gov.in/judis