CRL OP(MD). No.14368 of 2026 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 15/07/2026 CORAM THE HONOURABLE MR. JUSTICE K. RAJASEKAR CRL OP(MD). No.14368 of 2026 Andavar ... Petitioner/Accused No.2 Vs State of Tamilnadu Rep by, The Inspector of Police, Varusanadu Police Station, Theni District. Crime No.176/2021. ... Respondent/Complainant PRAYER :- To enlarge the petitioner/accused No.2 on bail in CC.No. 655/2022 on the file of the learned District and Sessions Judge, Communal Clash Court, Madurai arising out of crime No. 176/2021 on the file of the respondent police. For Petitioner : M.Karunanithi, Advocate. For Respondent : Mr.T.Lenin Kumar, Government Advocate (Crl.Side) ORDER : The Court made the following order :- 1/6 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.14368 of 2026 The petitioner /A2, who was arrested and remanded to judicial custody on 17.06.2026, for the offences punishable under Sections 8(c) r/w 20(b)(ii)(B) of NDPS Act, in CC.No.655 of 2022 on the file of the learned District and Sessions Judge, Communal Clash Court, Madurai, in connection with Crime No.176 of 2021 on the file of the respondent police, seeks bail. 2. The allegation against the petitioner is that the petitioner herein was earlier arrested and released on bail. Subsequently, final report was filed, and due to the non-appearance of the petitioner, a non-bailable warrant was issued against him on 14.05.2026. Thereafter, though the petitioner surrendered before the trial court, he was remanded to judicial custody on 17.06.2026. 3. The learned counsel appearing for the petitioner would submit that earlier, the petitioner regularly appeared before the Trial Court. Due to illhealth, he was not able to appear before the trial Court on 14.05.2026 and on the same day itself non-bailable warrant was issued against him. However, therafter he filed a petition for re-call the warrant 2/6 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.14368 of 2026 and the same was dismissed and subsequently, he was remaded to judicial custody. He would furtehr submi that it is not a case of execution of non-bailable warrant since the petitioner has voluntarily surrendered before the trial Court. Hence, he prayed to grant bail to the petitioner. 4. The learned Counsel appearing for the State (Crl. Side) reiterated the prosecution case and on instructions, reported that it a case of jumbed out of bail and if the petitioner was released on bail, again there is likelihood of jumping out bail. Hence, he opposed the grant of bail to the petitioner. 5. This Court heard both sides and perused the materials available on record. 6. Considering the facts and circumstances of the case and also considering the fact that it is a case of surrender and after dismissal of the recall petition, the petitioner was remanded to judicial custody, and earlier he regularly appeared before the Trial Court and was also enjoying bail, I am inclined to grant bail to the petitioner subject to 3/6 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.14368 of 2026 certain conditions.. [a] Accordingly, the petitioner is ordered to be released on bail on condition to execute a bond for a sum of Rs. 20,000/- (Rupees Twenty Thousand only) with two sureties each for a like sum to the satisfaction of the learned Principal Special Court for Narcotic Drugs and Psychotropic Substances Act Cases, Madurai, and on further conditions that: [b] the petitioner shall report before the Principal Special Court for Narcotic Drugs and Psychotropic Substances Act Cases, Madurai, daily at 10.30 a.m., for a period of 15 days, thereafter as and when required for interrogation; [c] the petitioner 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 petitioner shall not abscond either during investigation or trial; [e] the petitioner shall not directly or indirectly make 4/6 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.14368 of 2026 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 petitioner in accordance with law as if the 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)AIR SCW 51730]. [g] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 BNS. 15.07.2026 dss 5/6 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.14368 of 2026 K. RAJASEKAR,J DSS TO 1.The Principal Special Court for Narcotic Drugs and Psychotropic Substances Act Cases, Madurai. 2. The Officer-in-Charge, Central Prison, Madurai. 3.The Inspector of Police, Varusanadu Police Station, Theni District. 4. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. ORDER IN CRL OP(MD) No.14368 of 2026 Date : 15/07/2026 6/6 https://www.mhc.tn.gov.in/judis