Malar v. State represented by The Inspector of Police
CRL OP/19942/2026 · 2026-07-27
C Kumarappan
Transfer Petitionbody2026
DailyLaw.ai
[ 2026 DAILYLAW 56020 (MAD) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 56020 (MAD) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
CRL OP No. 19942 of 2026 __________ Page1 of 6 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 27-07-2026 CORAM THE HON'BLE MR.JUSTICE C.KUMARAPPAN CRL OP No. 19942 of 2026 Malar ..Petitioner Vs State represented by The Inspector of Police, H-3, Tondiarpet Police Station, Chennai District. Crime No.144 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.144 of 2026 on the file of the Inspector of Police, H-3 Tondiarpet Police Station, Chennai District. For Petitioner: Mr.D.Padmanabhan 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 offences under Sections 8(c), 22(b) and 29(1) of the Narcotic Drugs and Psychotropic Substances Act, 1985 in Crime No.144 of https://www.mhc.tn.gov.in/judis
CRL OP No. 19942 of 2026 __________ Page2 of 6 2026 on the file of the respondent police, seeks bail. 2. The case of the prosecution is that the A1 was allegedly found in possession of 50 Nitrazepam (Nitzascen-10) tablets. Based on the voluntary confession of A1, the police proceeded to the residence of the A1, where the petitioner was present and allegedly recovered 150 Nitrazepam (Nitzascen-10) tablets, thereby making a total seizure of 200 Nitrazepam tablets. 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 she 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 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 https://www.mhc.tn.gov.in/judis
CRL OP No. 19942 of 2026 __________ Page3 of 6 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 the totality of the circumstances and upon the fact that the petitioner has no criminal antecedents and upon the further fact that the quantity involved is of an intermediate quantity and the petitioner being a woman, considering the period of incarceration of the petitioner since 23.06.2026, 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 her 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 XV Metropolitan Magistrate, George Town, Chennai, 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 everyday at 10.30 a.m for a period of two weeks and thereafter as and when required for interrogation; https://www.mhc.tn.gov.in/judis
CRL OP No. 19942 of 2026 __________ Page4 of 6 [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 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.
27-07-2026 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. 19942 of 2026 __________ Page5 of 6 To:
1. The XV Metropolitan Magistrate, George Town, Chennai
2. The Central Prison for Women, Puzhal, Chennai. 3. The Inspector of Police, H-3 Tondiarpet Police Station, Chennai District. 4. The Public Prosecutor High Court of Madras https://www.mhc.tn.gov.in/judis
CRL OP No. 19942 of 2026 __________ Page6 of 6 C.KUMARAPPAN J. SHL CRL OP No. 19942 of 2026 27-07-2026 https://www.mhc.tn.gov.in/judis