Nousathali v. The State represented by the Inspector of Police
CRL OP/19340/2026 · 2026-07-21
C Kumarappan
Transfer Petitionbody2026
DailyLaw.ai
[ 2026 DAILYLAW 52291 (MAD) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 52291 (MAD) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
CRL OP No. 19340 of 2026 __________ Page1 of 5 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 21-07-2026 CORAM THE HON'BLE MR.JUSTICE C.KUMARAPPAN CRL OP No. 19340 of 2026 Nousathali ..Petitioner Vs The State represented by The Inspector of Police J-8, Neelankarai Police Station, Neelankarai, Tamilnadu - 600 115. Crime No.267 of 2026. ..Respondent PRAYER : Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioner on bail in Crime No.267 of 2026 pending investigation on the file of the Respondent Police. For Petitioner: Mr.S.Jeeva 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 23.06.2026 for the alleged offence under Section 8(c) and 20(b)(ii)(B) of NDPS Act, 1985-in Crime No. 267 of 2026 on the file of the respondent police, seeks bail. https://www.mhc.tn.gov.in/judis
CRL OP No. 19340 of 2026 __________ Page2 of 5
2. The case of the prosecution is that the petitioner along with other accused were found to be in possession of 1250 grams 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. 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 been arrayed as A1 and has been incarcerated since 23.06.2026, however, fairly conceded 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. 6.
Considering the facts and circumstances of the case; taking note of the submission made by the learned Government Advocate (Crl.Side); considering https://www.mhc.tn.gov.in/judis
CRL OP No. 19340 of 2026 __________ Page3 of 5 the totality of the circumstances and the fact that the quantity involved is an intermediate one and upon the further fact that the petitioner has no criminal antecedents, this Court is of the firm view that further incarceration of the petitioner for the investigation is not required. 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 District Munsif cum Judicial Magistrate, Sholinganallur, 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, the learned Magistrate/Trial Court is entitled to pass appropriate orders against the petitioner in accordance with https://www.mhc.tn.gov.in/judis
CRL OP No. 19340 of 2026 __________ Page4 of 5 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. To:
1. The District Munsif cum Judicial Magistrate, Sholinganallur
2. The Inspector of Police J-8, Neelankarai Police Station, Neelankarai, Tamilnadu - 600 115. 3. The Central Prison, Puzhal-I
4. The Public Prosecutor High Court of Madras https://www.mhc.tn.gov.in/judis
CRL OP No. 19340 of 2026 __________ Page5 of 5 C.KUMARAPPAN J. SHL CRL OP No. 19340 of 2026 21-07-2026 https://www.mhc.tn.gov.in/judis