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2026 DAILYLAW 48407 (MAD)

Akilesh Sahni v. The Inspector of Police,

CRL OP/17998/2026 · 2026-07-13

C Kumarappan

Transfer Petitionbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

CRL OP No. 17998 of 2026 __________ Page1 of 6 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 13-07-2026 CORAM THE HON'BLE MR.JUSTICE C.KUMARAPPAN CRL OP No. 17998 of 2026 Akilesh Sahni S/o Gadajdhar Sahni ..Petitioner Vs State Rep.by. The Inspector of Police Avinashi Police Station, Coimbatore District. (Crime No.386/2026) ..Respondent(s) Prayer:- Criminal Original Petition is filed under Section 483 of BNSS, 2023, pleased to enlarge the Petitioner on bail in Crime No.386 of 2026 pending investigation on the file of the respondent police. For Petitioner(s): Mr. T.Balaji For Respondent(s): Mr.S.Yogaraja Sekar, Government Advocate (Criminal Side ) ORDER The petitioner, who was arrested and remanded to judicial custody on 10.06.2026 for the alleged offences under Sections 8 (C) r/w 20 (b) (ii) (B) of NDPS Act, 1985 in Crime No.386 of 2026 on the file of the respondent police, seeks bail. https://www.mhc.tn.gov.in/judis CRL OP No. 17998 of 2026 __________ Page2 of 6 2. The case of the prosecution is that based on the secret information received, the respondent police proceeded to the place near the Mangalam Tountanat on 10.06.2026, where, the petitioner was found in illegal possession of 3 kilograms of Ganja. Hence the case. 3.The learned counsel for the petitioner submitted that the petitioner is innocent and has been in custody since 10.06.2026. He further submitted that there is no previous case is pending against the petitioner. He further contended that the petitioner is innocent and he has no way connected with this case and he is ready to abide any condition to be imposed by this Court . 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, upon instructions, submitted that no previous case of a similar nature has been registered against the petitioner. The petitioner belongs to Bihar and the investigation is at beginning stage, hence, he opposed for grant of bail to the petitioner. 5. I have given my anxious consideration to the submissions made by the learned counsel on either side and perused the materials available on record. 6.Considering that the total recovery of contraband constitutes an https://www.mhc.tn.gov.in/judis CRL OP No. 17998 of 2026 __________ Page3 of 6 intermediate quantity, that the petitioners has no criminal antecedents, and that the petitioner has been incarcerated since 10.06.2026, this Court is of the firm view that his further custody is not necessary. Consequently, this Court is inclined to grant bail to the petitioner with certain conditions. Consequently, this Court is inclined to grant bail to the petitioner with 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), (one shall be a blood relative surety and the other shall be a local surety) with two sureties each for a like sum to the satisfaction of the learned Judicial Magistrate, Avinashi 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 daily at 10.30 a.m until further orders; [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 petitioner in accordance with law as if the https://www.mhc.tn.gov.in/judis CRL OP No. 17998 of 2026 __________ Page4 of 6 conditions had been imposed and the petitioner released on 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. 13-07-2026 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. 17998 of 2026 __________ Page5 of 6 To 1.The Judicial Magistrate, Aviinashi. 2.The Superintendent of Prison, Central Prison, Coimbatore. 3.The Inspector of Police Avinashi Police Station, Coimbatore District. (Crime No.386/2026) 4.The Public Prosecutor High Court of Madras. https://www.mhc.tn.gov.in/judis CRL OP No. 17998 of 2026 __________ Page6 of 6 C.KUMARAPPAN, J. jrs CRL OP No. 17998 of 2026 13-07-2026 https://www.mhc.tn.gov.in/judis