Research › Search › Judgment

Madras High Court · body

2026 DAILYLAW 54766 (MAD)

Jayakumar @ Bravo v. State rep by The Inspector of Police

CRL OP/17361/2026 · 2026-07-24

C Kumarappan

Transfer Petitionbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

CRL OP No. 17361 of 2026 __________ Page1 of 5 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 24-07-2026 CORAM THE HON'BLE MR.JUSTICE C.KUMARAPPAN CRL OP No. 17361 of 2026 Jayakumar @ Bravo ..Petitioner Vs State rep. by The Inspector of Police T-5, Thiruverkadu Police station, Avadi District. Crime No.155 of 2026. ..Respondent PRAYER : Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioner on bail pending investigation in Thiruverkadu Police Station, Crime No.155 of 2026 on the file on respondent police. For Petitioner: Mr.A.Vinoth Kumar For Respondent: Mr.S.Yogaraja Sekar Counsel for Government of Tamilnadu (Criminal Side) ORDER The petitioner, who was arrested and remanded to judicial custody on 25.05.2026 for the alleged offences under Sections 8(c), 20(b)(ii)(B) of NDPS Act, 1959, in Crime No.155 of 2026 on the file of the respondent police, seeks bail. https://www.mhc.tn.gov.in/judis CRL OP No. 17361 of 2026 __________ Page2 of 5 2. The case of the prosecution is that the petitioner was found in the possession of 2.400 kilograms of Ganja. Hence the case. 3. The learned counsel appearing for the petitioner submitted that the contraband quantity involved in this case is not a commercial quantity; therefore, the statutory bar under Section 37 of the NDPS Act will not apply. He further submitted that the petitioner has been in judicial custody since 25.05.2026 and is ready to abide by any stringent conditions that may be imposed by this Court. It is also submitted that tomorrow marks the 60th day of incarceration, thereby entitling the petitioner to statutory bail. Hence, he prays for the grant of bail to the petitioner. 4. The learned Government Advocate (Criminal Side) appearing for the respondent, while opposing the grant of bail to the petitioner, reiterated the prosecution's case and on instructions, submitted that the petitioner has two previous cases, out of which one case under Section 302 of the IPC and one case under the NDPS Act. It is also submitted that final report is yet to be filed. 5. I have given anxious consideration to the submissions made by the learned counsel on either side. https://www.mhc.tn.gov.in/judis CRL OP No. 17361 of 2026 __________ Page3 of 5 6. Considering the fact that the quantity involved in the present case is being an intermediate quantity and further considering the period of incarceration undergone by the petitioner since 25.05.2026, this Court is inclined to enlarge the petitioner on bail, notwithstanding his two previous cases, 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 for a like sum each to the satisfaction of the learned Judicial Magistrate, Poonamallee -II, Tiruvallur District, 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 twice a day at 10.30 a.m. for a period of two weeks 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 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 https://www.mhc.tn.gov.in/judis CRL OP No. 17361 of 2026 __________ Page4 of 5 action against the petitioners in accordance with law as if the conditions had been imposed and the petitioners 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. 24-07-2026 NSL 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 learned Judicial Magistrate, Poonamallee-II, Tiruvallur. 2. Central Prison, Puzhal- II, Chennai. 3. The Inspector of Police, T-5, Thiruverkadu Police station, Avadi District. 4. The Public Prosecutor, High Court of Madras. https://www.mhc.tn.gov.in/judis CRL OP No. 17361 of 2026 __________ Page5 of 5 C.KUMARAPPAN, J. NSL CRL OP No. 17361 of 2026 24-07-2026 https://www.mhc.tn.gov.in/judis