Arishwaran v. State Of Tamilnadu Rep By Inspector Of Police, Pew-Madurai City
CRL OP(MD)/16022/2026 · 2026-07-31
K Rajasekar
Transfer Petitionbody2026
DailyLaw.ai
[ 2026 DAILYLAW 58749 (MAD) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 58749 (MAD) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
CRL OP(MD). No.16022 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.16022 of 2026 Arishwaran, S/o. Vinayagamoorthy, No. 197,Lala Compound, North Masi Street, Yanaikal, Madurai District.. ... Petitioner/Accused No.1 Vs State of Tamilnadu Rep by, The Inspector of Police, PEW Madurai City Police Station, Madurai District. Cr. No. 150 of 2026.. ... Respondent/Complainant For Petitioner : Mr.T.Eashwar, 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 Crime No. 150/2026 on the file of the respondent Police. 1/7 https://www.mhc.tn.gov.in/judis
CRL OP(MD). No.16022 of 2026
ORDER : The Court made the following order :- The petitioner/Sole Accused, who was arrested and remanded to judicial custody on 26.06.2026 for the alleged offence under Sections 8(c) r/w 20(b)(ii)(B) of NDPS Act, 1985, in Crime No.150 of 2026 on the file of the respondent police, seeks bail. 2. The case of the prosecution is that on 26.06.2026, the respondent received a secret information regarding the transportation of ganja. Based on the information, the respondent Police were on surveillance duty near the occurrence place and found that the petitioner and other accused were found in illegal possession of 1.200 kgs of Ganja. 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 an innocent and he has been falsely implicated in this case for statistical purposes. He further submitted that the petitioner was detained in this case after being called to the police station and CCTV footage is available to substantiate the same. He further submitted that 2/7 https://www.mhc.tn.gov.in/judis
CRL OP(MD). No.16022 of 2026 though some previous cases are pending against the petitioner, he was granted bail in all those cases. He further submitted that the petitioner is ready to abide by any stringent conditions that may be imposed by this Court. He further submitted that the petitioner is incarceration from 26.06.2026 and the quantity 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 four previous cases, out of which, three 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 facts and circumstances of the case and the fact that the quantity recovered is a intermediate quantity and Section 37 of 3/7 https://www.mhc.tn.gov.in/judis
CRL OP(MD).
No.16022 of 2026 the NDPS Act is not applicable to this case and though the petitioner has four previous cases, considering the the period of incarceration undergone by the petitioner from 26.06.2026, 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 Special Court for NDPS Act Cases, Madurai, and on further conditions that: [b] the petitioner shall report before the learned Principal Special Court for NDPS Act Cases, Madurai, on all working days at 10.30 a.m., for a period of four weeks and thereafter, as and when required for interrogation before the respondent Police. [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; [d] the petitioner shall not abscond either during 4/7 https://www.mhc.tn.gov.in/judis
CRL OP(MD). No.16022 of 2026 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.16022 of 2026 TO 1.The learned Principal Special Court for NDPS Act Cases, Madurai. 2.The Superintendent, Central Prison, Madurai. 3.The Inspector of Police, PEW Madurai City 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.16022 of 2026 K. RAJASEKAR,J., vsg
ORDER IN CRL OP(MD) No.16022 of 2026 Date : 31/07/2026 7/7 https://www.mhc.tn.gov.in/judis