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2026 DAILYLAW 50171 (MAD)

Sulthan Alavudheen v. The State Rep by

CRL OP/18706/2026 · 2026-07-16

C Kumarappan

Transfer Petitionbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

CRL OP No. 18706 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. 18706 of 2026 Sulthan Alavudheen ..Petitioner Vs The State Rep by The Inspector of Police, K2 Ayanavaram Police Station, Chennai. ..Respondent PRAYER : Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioner on bail in Cr.No.233/2026 on the file of the respondent police. For Petitioner: Mr.N.Nishar Ahamed For Respondent: Mr.S.Yogaraja Sekar Counsel for Government of Tamil Nadu ORDER The petitioner, who was arrested and remanded to judicial custody on 12.06.2026 for the alleged offence under Section 8(c) r/w 22 (b) 25, 29(1) NDPS Act 1985 & 123, 286 BNS in Crime No.233/2026 on the file of the respondent police, seeks bail. https://www.mhc.tn.gov.in/judis CRL OP No. 18706 of 2026 __________ Page2 of 6 2. The case of the prosecution is that the petitioner was found in possession of a bag containing Nitrazepam( Nitrosun lOmg) tablet weighing 73 grams, Tapentadol (l00 mg) tablet weighing 3.9kg and 10 Packet of Bd Ultra- Fine Tm Needle Insulin Syringes (100 Nos). Hence, the case. 3. The learned counsel appearing for the petitioner 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 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 two previous cases which includes one NDPS case and another under IPC 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. 18706 of 2026 __________ Page3 of 6 submission made by the learned Government Advocate (Crl.Side); it is observed that though the petitioner has got one NDPS case and another under IPC, the earlier case is not of a commercial quality and the quantity involved in this case comes under intermediate quantity. Even the total recovery from all the other accused would only constitute an intermediate quantity. Hence, 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 Principal Special court under EC& NDPS Act 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 learned Principal Special court under EC& NDPS Act Chennai daily at 10.30 a.m., until further orders; [c] the petitioner shall not abscond either during investigation or trial; https://www.mhc.tn.gov.in/judis CRL OP No. 18706 of 2026 __________ Page4 of 6 [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. 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. 18706 of 2026 __________ Page5 of 6 To: 1. The Principal Special Court under EC& NDPS Act Chennai 2. The Inspector of Police, K2 Ayanavaram Police Station, Chennai. 3. The Superintendent, Puzhal Central prison, Chennai. 4.The Public Prosecutor High Court of Madras https://www.mhc.tn.gov.in/judis CRL OP No. 18706 of 2026 __________ Page6 of 6 C.KUMARAPPAN J. SHL CRL OP No. 18706 of 2026 16-07-2026 https://www.mhc.tn.gov.in/judis