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2026 DAILYLAW 52043 (MAD)

Parthipan v. The State by, The Inspector of Police

CRL OP/19280/2026 · 2026-07-21

C Kumarappan

Transfer Petitionbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

CRL OP No. 19280 of 2026 __________ Page1 of 6 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 21-07-2026 CORAM THE HON'BLE MR.JUSTICE C.KUMARAPPAN CRL OP No. 19280 of 2026 Parthipan ..Petitioner Vs The State by, The Inspector of Police Erode Town Police Station, Erode District. Crime No.110 of 2026. ..Respondent PRAYER : Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 to grant Bail to the Petitioner/Accused No.2 in Cr.No.110 of 2026 pending on the file of the Respondent Police. For Petitioner: Mr.B.Aravinthan 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 30.05.2026 for the alleged offence under Section 8(c), 20(b)(ii)(B) of Narcotic Drugs & Psychotropic Substances Act, 1985 in Crime No.110 of 2026 on the file of the respondent police, seeks bail. https://www.mhc.tn.gov.in/judis CRL OP No. 19280 of 2026 __________ Page2 of 6 2. The case of the prosecution is that the petitioner along with other accused were found to be in possession of 4.2 kg of ganja. 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. He further submitted that co-accused has already been released on bail in Crl.OP.No.17371 of 2026 dated 07.07.2026. 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 there are about two accused and the total recovery from all the accused is 4.4 kg of ganja and that the petitioner is arrayed as A2, however, he fairly conceded that the co-accused has already been enlarged on bail and that the petitioner has no criminal antecedents. However, 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. https://www.mhc.tn.gov.in/judis CRL OP No. 19280 of 2026 __________ Page3 of 6 6. Considering the facts and circumstances of the case; taking note of the submission made by the learned Government Advocate (Crl.Side); considering the fact that the petitioner has no criminal antecedents and that the quantity involved is an intermediate one and upon the fact that the co-accused has already been released on bail, this Court is of the view that this petitioner is also entitled to have parity as that of the co-accused. 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 Judicial Magistrate No.II, Erode, 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., and 05.30 p.m. for a period of 30 days and thereafter, as and when required for interrogation; [c] the petitioner shall not abscond either during investigation or trial; [d] the petitioner shall not tamper with the evidence or https://www.mhc.tn.gov.in/judis CRL OP No. 19280 of 2026 __________ Page4 of 6 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. 21-07-2026 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. 19280 of 2026 __________ Page5 of 6 To 1. The Judicial Magistrate No.II, Erode 2. The Inspector of Police Erode Town Police Station, Erode District. 3. The District Prison, Gopichettypalayam 4. The Public Prosecutor High Court of Madras https://www.mhc.tn.gov.in/judis CRL OP No. 19280 of 2026 __________ Page6 of 6 C.KUMARAPPAN J. SHL CRL OP No. 19280 of 2026 21-07-2026 https://www.mhc.tn.gov.in/judis