Mohamed Arif v. The State rep by the Inspector of Police
CRL OP/18746/2026 · 2026-07-16
C Kumarappan
Transfer Petitionbody2026
DailyLaw.ai
[ 2026 DAILYLAW 50033 (MAD) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 50033 (MAD) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
CRL OP No. 18746 of 2026 __________ Page1 of 6 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 16-07-2026 CORAM THE HON'BLE MR.JUSTICE C.KUMARAPPAN CRL OP No. 18746 of 2026 Mohamed Arif ..Petitioner Vs The State rep by The Inspector of Police Tiruppur South Police Station, Tiruppur City, Tiruppur District, Crime No.716 of 2025. ..Respondent PRAYER : Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the bail to the petitioner in Crime No.716 of 2025 on the file of Respondent police. For Petitioner: Mr.K.Sudhakar For Respondent: Mr.S.Yogaraja Sekar Counsel for Government of Tamil Nadu (Criminal Side) ORDER The petitioner, who was arrested and remanded to judicial custody on 20.06.2026 for the alleged offence under Section 8 (c), 22(a), 25, 29 (1) of NDPS Act 1985 in Crime No.716 of 2025 on the file of the respondent police, https://www.mhc.tn.gov.in/judis
CRL OP No. 18746 of 2026 __________ Page2 of 6 seeks bail. 2. The case of the prosecution is that A1 was found in possession of 2.5 grams of Methamphetamine. Hence, the case. 3. The learned counsel for the petitioner submitted that initially the case was registered for small quantity, subsequently it was altered to intermediate quantity. He further submitted that even the entire recovery from all the eleven accused persons would only constitute an intermediate quantity. He further submitted 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 got three previous cases 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. Considering the facts and circumstances of the case; taking note of the https://www.mhc.tn.gov.in/judis
CRL OP No. 18746 of 2026 __________ Page3 of 6 submission made by the learned Government Advocate (Crl.Side); though the petitioner has got three previous cases pending against him, are not similar in nature. Considering the fact of the period of incarceration of the petitioner since 20.06.2026, this Court is of the firm view that further incarceration of the petitioner is not required for the purpose of investigation.
Hence, this Court is inclined to grant bail to the petitioner, subject to 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 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; [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, https://www.mhc.tn.gov.in/judis
CRL OP No. 18746 of 2026 __________ Page4 of 6 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. 16-07-2026 SHL 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. 18746 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 Tiruppur South Police Station, Tiruppur City, Tiruppur District,
3. The District Jail, Tiruppur
4.
The Public Prosecutor High Court of Madras https://www.mhc.tn.gov.in/judis
CRL OP No. 18746 of 2026 __________ Page6 of 6 C.KUMARAPPAN J. SHL CRL OP No. 18746 of 2026 16-07-2026 https://www.mhc.tn.gov.in/judis