Shajith Ahamed v. The State rep by the Inspector of Police
CRL OP/17342/2026 · 2026-07-22
C Kumarappan
Transfer Petitionbody2026
DailyLaw.ai
[ 2026 DAILYLAW 52676 (MAD) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 52676 (MAD) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
CRL OP No. 17342 of 2026 __________ Page1 of 6 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 22.07.2026 CORAM THE HON'BLE MR.JUSTICE C.KUMARAPPAN CRL OP No. 17342 of 2026 Shajith Ahamed ..Petitioner(s)/Accused Vs The State Rep. By, The Inspector of Police, Erode Town Police Station, Erode District. Crime No.107 of 2026 ..Respondent(s) Prayer: Criminal Original Petition has been filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, to enlarge the petitioner on bail in Crime No.107 of 2026 on the file of the respondent police. For Petitioner(s): M/s.R.Radha Pandian For Respondent(s): Mr.S.Yogaraja Sekar Counsel for Government of Tamil Nadu (Criminal Side)
ORDER The petitioner, who was arrested and remanded to judicial custody on 24.05.2026 for the alleged offences under Sections 8(c), 20(b)(ii)(B) of Narcotic Drugs & Psychotropic Substances Act, 1985 and Section 123 of BNS Act 2023 in Crime Number.107 of 2026 on the file of the respondent, seeks bail. https://www.mhc.tn.gov.in/judis
CRL OP No. 17342 of 2026 __________ Page2 of 6
2. It is the case of the prosecution that the petitioner was found in illegal possession of a total quantity of 1.100 kilograms of ganja. Hence, the case.
3. The learned counsel for the petitioner would submit that the petitioner is innocent and has been falsely implicated in this case. He would further submit that the petitioner has been in judicial custody since 24.05.2026 and that the contraband recovered from the petitioner is of intermediate quantity. He also submitted that the petitioner is ready to abide by any conditions that may be imposed by this Court. Hence, he prayed for the grant of bail.
4. The learned Government Advocate (Crl. Side) appearing for the respondent police, while opposing the grant of bail, reiterated the prosecution case and submitted that the petitioner has three previous cases of similar nature. He also submitted the contraband seized from the petitioner is of intermediate quantity.
5. Though the petitioner has previous criminal antecedents, Taking into
consideration the period of incarceration undergone by the petitioner since 24.05.2026 and the fact that the contraband seized from the petitioner is of intermediate quantity, this Court is inclined to enlarge the petitioner on bail, subject to certain conditions. https://www.mhc.tn.gov.in/judis
CRL OP No. 17342 of 2026 __________ Page3 of 6
6. Accordingly, the petitioner is ordered to be released on bail on 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 subject to the following conditions: [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 take appropriate action against the petitioner in accordance with law as if the conditions had been imposed and the petitioner released on bail by the learned Magistrate/Trial Court itself, as laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005)13 SCC 283]; [f] if the petitioner thereafter abscond, a fresh FIR may be registered under Section 269 of the Bharatiya Nyaya Sanhita, 2023. 22.07.2026 dpa https://www.mhc.tn.gov.in/judis
CRL OP No. 17342 of 2026 __________ Page4 of 6 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. 17342 of 2026 __________ Page5 of 6 To 1.The learned Judicial Magistrate No.II, Erode 2.The Superintendent, District Prison, Gobichettipalayam. 3.The Inspector of Police, Erode Town Police Station, Erode District. 4.The Public Prosecutor, High Court of Madras, Chennai.
https://www.mhc.tn.gov.in/judis
CRL OP No. 17342 of 2026 __________ Page6 of 6 C.KUMARAPPAN, J. dpa CRL OP No. 17342 of 2026 22.07.2026 https://www.mhc.tn.gov.in/judis