CRL OP(MD). No.15935 of 2026 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 31/07/2026 PRESENT The HONOURABLE MR. JUSTICE K. RAJASEKAR CRL OP(MD). No.15935 of 2026 Vivek, S/o.Krishnamoorthy, 41/51, Nalagadi Street, Nagammal Kovil Street, Melur Town, Madurai.. ... Petitioner/Sole Accused Vs The State of Tamilnadu Rep By, The Inspector of Police, Melur Police Station, Madurai District. Cr.No.411 of 2026.. ... Respondent/Complainant For Petitioner : Mr.K.Sheenivasan for M/s.G.Ranjitha, Advocate. For Respondent : Mr.T.Lenin Kumar, Counsel for State of TN (Crl.Side) PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- C-32B. For Bail in Cr.No.411 of 2026 on the file of the respondent police. 1/7 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.15935 of 2026 ORDER : The Court made the following order :- The petitioner/Sole Accused, who was arrested and remanded to judicial custody on 04.07.2026 for the alleged offence under Sections 8(c) and 20(b)(ii)(B) of NDPS Act, 1985, and Section 4(1)(C) of the Tamil Nadu Prohibition (Amendment) Act, 2024, in Crime No.411 of 2026 on the file of the respondent police, seeks bail. 2. The case of the prosecution is that on 04.07.2026, while the respondent Police were on surveillance duty to prohibit the sale of illegal substances, they found that the petitioner was in illegal possession of 1.200 kgs of Ganja and 22 bottles of liquor each containing 180 ml manufactured in Union Territory of Pudducherry. Hence, the complaint has been registered and the petitioner has been arrested. 3. The learned counsel appearing for the petitioner submitted that the petitioner is innocent and he has not committed any such offence as alleged by the prosecution and he has been falsely implicated in this case. He further submitted that the petitioner is ready to abide by any stringent 2/7 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.15935 of 2026 conditions that may be imposed by this Court. He further submitted that the petitioner is incarceration from 04.07.2026 and the quantity of contraband involved in this case is a intermediate quantity and Section 37 of the NDPS Act is not applicable to this case. Hence, he prayed for grant of bail to the petitioner. 4. The learned Counsel for State of TN (Criminal Side) appearing for the respondent police reiterated the prosecution case and reported that the petitioner illegally trafficked 1.200 kgs of Ganja. He further submitted that the petitioner has 11 previous cases, out of which two cases are similar in nature. The investigation in this case is still pending. Hence, he opposed to grant bail to the petitioner. 5. Heard both sides and perused the materials available on record. 6. Considering the nature of offences, the fact that the quantity recovered is an intermediate quantity and that Section 37 of the NDPS Act is not applicable to the present case and though the petitioner has 11 previous cases, on perusal of the list of previous cases, it is seen that the 3/7 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.15935 of 2026 majority of them are not IPC offences and most of the cases are registered under Sections 294(b) and 323 of BNS, 2023, and one case registered under Section 170 of BNSS. Considering the period of incarceration already undergone by the petitioner from 04.07.2026, this Court is inclined to grant bail to the petitioner, subject to certain conditions. [a] Accordingly, the petitioner is ordered to be released on bail on condition to execute a bond for a sum of Rs.20,000/- (Rupees Twenty Thousand only) with two sureties each for a like sum to the satisfaction of the learned Principal District Judge for Special Court for NDPS act Cases, Madurai, and on further conditions that: [b] the petitioner shall report before the learned Principal District Judge for Special Court for NDPS act Cases, Madurai, on all working days at 10.30 a.m., until further orders. [c] the petitioner shall not commit any offence similar to the offence of which he/she is accused, or suspected, or of the commission of which he/she is suspected; 4/7 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.15935 of 2026 [d] the petitioner shall not abscond either during investigation or trial; [e] the petitioner shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade her from disclosing such facts to the Court or to any police officer or tamper with the evidence; [f] On breach of any of the aforesaid conditions, the learned Judicial Magistrate/Trial Court is entitled to take appropriate action against the petitioner in accordance with law as if the 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)AIR SCW 5560]. [g] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 BNS. (K R S J) 31.07.2026 VSG 5/7 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.15935 of 2026 TO 1.The learned Principal District Judge for Special Court for NDPS act Cases, Madurai. 2. The Superintendent, Central Prison, Madurai. 3.The Inspector of Police, Melur Police Station, Madurai District. 4. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. 6/7 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.15935 of 2026 K. RAJASEKAR,J., vsg ORDER IN CRL OP(MD) No.15935 of 2026 Date : 31/07/2026 7/7 https://www.mhc.tn.gov.in/judis