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2026 DAILYLAW 48782 (MAD)

Bakrudeen v. State Of Tamilnadu Rep By Inspector Of Police, Sakkottai

CRL OP(MD)/14085/2026 · 2026-07-13

K Rajasekar

Transfer Petitionbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Crl.O.P.(MD)No.14085 of 2026 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 13.07.2026 PRESENT THE HONOURABLE MR. JUSTICE K. RAJASEKAR CRL OP(MD). No. 14085 of 2026 1.Bakrudeen 2.Sonaiyan ...petitioners Vs State of Tamil Nadu rep. by The Inspector of Police, Sakkottai Police Station, Sivagangai District. (Crime No.153 of 2026) ...Respondent/Complainant For petitioners : Mr.PNSSM.ammaar Advocate For Respondent : Mr.T.Lenin Kumar Counsel for State of TN (Crl. Side) PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- For Bail in Cr.No. 153 of 2026 on the file of the respondent police. ORDER : The Court made the following order :- The petitioners / Accused, who were arrested and remanded to judicial custody on 23.06.2026, for the offences punishable under Sections 8(c) r/w. 20(b)(ii)(B) of NDPS Act, in Crime No.153 of 2026 on the file of the 1/6 https://www.mhc.tn.gov.in/judis Crl.O.P.(MD)No.14085 of 2026 respondent police, seeks bail. 2. The case of the prosecution is that the accused found in possession of 1.100 kilograms of ganja, with an intention to sell the same to the public. Hence, the FIR has been registered by the respondent police. 3. The learned counsel appearing for the petitioners would submit that the petitioners are innocent and they were falsely implicated in this case and they have not committed any offence as alleged by the prosecution. He would further submit that the contraband involved in this case is not commercial quantity. Hence, Section 37 of the NDPS Act is not applicable to this case. He is in custody from 23.06.2026 and ready to abide any condition imposed by this Court. Hence, he prayed bail for the petitioners. 4. The learned Counsel appearing for the State reiterated the prosecution case and reported that the investigation is still pending and the petitioner has no previous case. He opposed the grant of bail to the petitioners. 5. This Court heard both sides and perused the materials available on record. 2/6 https://www.mhc.tn.gov.in/judis Crl.O.P.(MD)No.14085 of 2026 6. Considering the facts and circumstances of the case and nature of offences, the petitioners have no previous cases, the quantity involved in this case is not fall under the definition of commercial quantity, hence, Section 37 of the NDPS Act will not applicable to this case, and also considering the period of incarceration, I am inclined to grant bail to the petitioners subject to certain conditions. [a] Accordingly, the petitioners are ordered to be released on bail on condition to execute a bond for a sum of Rs.15,000/- (Rupees Fifteen Thousand only) each with two sureties each for a like sum to the satisfaction of the learned Sessions Judge, Special Court for E.C. and NDPS Act Cases, Pudukkottai, and on further conditions that: [b] the petitioners shall report before the jurisdictional Magistrate at 10.30 a.m., on all working days, for a period of three weeks, thereafter as and when required for interrogation; [c] the petitioners shall not commit any offence similar to the offence of which he/she is accused, or suspected, or of the commission of which he/she is suspected; [d] the petitioners shall not abscond either during investigation 3/6 https://www.mhc.tn.gov.in/judis Crl.O.P.(MD)No.14085 of 2026 or trial; [e] the petitioners shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade her from disclosing such facts to the Court or to any police officer or tamper with the evidence; [f] On breach of any of the aforesaid conditions, the learned Judicial Magistrate/Trial Court is entitled to take appropriate action against the petitioners in accordance with law as if the conditions have been imposed and the petitioners 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)AIR SCW 51730]. [g] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 BNS. (K R S J) 13.07.2026 TM To 1.The Sessions Judge, Special Court for E.C. and NDPS Act Cases, Pudukkottai. 2.The Inspector of Police, Sakkottai Police Station, Sivagangai District. (Crime No.153 of 2026) 3.The Superintendent, Sub Jail, Ramanathapuram. 4/6 https://www.mhc.tn.gov.in/judis Crl.O.P.(MD)No.14085 of 2026 4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. 5/6 https://www.mhc.tn.gov.in/judis Crl.O.P.(MD)No.14085 of 2026 K. RAJASEKAR, J. TM ORDER IN CRL OP(MD) No. 14085 of 2026 Date : 13.07.2026 6/6 https://www.mhc.tn.gov.in/judis