CRL OP(MD). No.14807 of 2026 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 20/07/2026 PRESENT The HONOURABLE MR. JUSTICE K. RAJASEKAR CRL OP(MD). No.14807 of 2026 Siva Kumar @ Udappu Siva, S/o.Ramachandran, Govindhasami Street, Chidambaram.. ... Petitioner/Accused No.3 Vs State of Tamilnadu Rep by, The Inspector of Police, Chidambaram Town Police Station, Cuddalore District. Crime No.346/2023. ... Respondent/Complainant For Petitioner : Mr.S.Kasirajan, Advocate. For Respondent : Mr.T.Lenin Kumar, Counsel for State of TN (Crl.Side) PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- C-32B. To enlarge the petitioners / accused on bail in CC No.120 of 2024 on the file of the additional district judge/ presiding officer, Special court under essential commodities act, Thanjavur and shall pass such other order .... 1/7 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.14807 of 2026 ORDER : The Court made the following order :- The petitioner/Accused No.3, who was arrested and remanded to judicial custody on 22.01.2025 for the alleged offence under Sections 8(c) r/w 20(b)(ii)(c) of NDPS Act, 1985 in CC No.120 of 2024 on the file of the Additional District Judge/ Presiding Officer, Special Court under Essential Commodities Act, Thanjavur, in connection with Crime No.346 of 2023 on the file of the respondent police, seeks bail. 2. The allegation against the petitioner is that he involved in illegal possession and transportation of 1.200 kgs of Ganja and after seeing the Police party, he ran away and escaped from the place of occurrence. Thereafter, the respondent Police conducted the investigation and concluded the same. Thereafter, the Investigating Officer filed the final report showing the petitioner as an absconding accused. Thereafter, the NBW was issued and the petitioner is in incarnation from 22.01.2025. 3.The learned counsel appearing for the petitioner submitted that the petitioner is in incarceration for more than one and half years. He is 2/7 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.14807 of 2026 ready to cooperte with the trial process. He further submitted that though previous cases reported against the petitioner, this Court has granted bail in one another case in Crl.O.P.(MD).No.14299 of 2026 vide order dated 15.07.2026. Hence, he prayed to grant bail to the petitioner. 4.The learned Counsel for State of TN (Crl. Side) appearing for the respondent Police reiterated the prosecution case and submitted that the petitioner is having a bad antecedents of 23 previous cases including 7 NDPS cases. Hence, he opposed to grant bail to the petitioner. 5. Heard both sides and perused the materials available on record. 6.Considering the nature of allegation and quantity involved in this case is a small quantity and Section 37 of the NDPS Act is not applicable to this case and though the petitioner is having some previous cases, considering the period of incarceration undergone by the petitioner from 22.01.2025, this Court is inclined to grant bail to the petitioner subject to certain conditions. [a] Accordingly, the petitioner is ordered to be released 3/7 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.14807 of 2026 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 Additional District and Sessions Judge, /Presiding Officer, Special Court for Essential Commodities Act Cases, Thanjavur, and on further conditions that: [b] the petitioner shall appear before learned Additional District and Sessions Judge, /Presiding Officer, Special Court for Essential Commodities Act Cases, Thanjavur, at 10.30 a.m., on all working days, for a period of four weeks, 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 any inducement, threat or promise to any person acquainted 4/7 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.14807 of 2026 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. (K R S J) 20.07.2026 VSG 5/7 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.14807 of 2026 TO 1.The learned Additional District and Sessions Judge, /Presiding Officer, Special Court for Essential Commodities Act Cases, Thanjavur. 2.The Superintendent, Central Prison, Cuddalore. 3.The The Inspector of Police, Chidambaram Town Police Station, Cuddalore District. 4. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. 6/7 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.14807 of 2026 K. RAJASEKAR,J., vsg ORDER IN CRL OP(MD) No.14807 of 2026 Date : 20/07/2026 7/7 https://www.mhc.tn.gov.in/judis