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2026 DAILYLAW 58870 (MAD)

Kaliya Luha v. State Represented by the Inspector of Police

CRL OP/20294/2026 · 2026-08-03

C Kumarappan

Transfer Petitionbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

CRL OP No. 20294 of 2026 __________ Page1 of 5 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 03-08-2026 CORAM THE HON'BLE MR.JUSTICE C.KUMARAPPAN CRL OP No. 20294 of 2026 Kaliya Luha ..Petitioner Vs State Rep. by The Inspector of Police, Sulur Police Station, Coimbatore District. Crime No.561/2026 ..Respondent PRAYER : Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioner on bail in Crime No. 561 of 2026 pending investigation on the file of the respondent police. For Petitioner: Mr.T.Balaji 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 03.07.2026 for the alleged offences under Sections 8(c) r/w 20(b)(ii)(B) of Narcotic Drugs & Psychotropic Substances Act, 1985, in Crime No.561 of 2026 on the file of the respondent police, seeks bail. 2. The case of the prosecution is that the petitioner was found in possession of 3 Kgs of Ganja. Hence, the case. https://www.mhc.tn.gov.in/judis CRL OP No. 20294 of 2026 __________ Page2 of 5 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 03.07.2026 and is ready to abide by any conditions that may be imposed by this Court. It is further submitted that the quantity recovered from him falls under intermediate quantity. Hence, he prayed for the grant of bail. 4. The learned Government Advocate (Crl.Side) appearing for the respondent, while opposing the grant of bail to the petitioner, reiterated the prosecution case and on instructions, submitted that the petitioner has no bad antecedents. 5. I have given anxious consideration to the submissions made by the learned counsel on either side. 6. From the submissions of the learned counsel for both sides, this Court is of the view that the quantity involved in the present case is only an intermediate quantity and the petitioner has been incarcerated since 03.07.2026. Taking into consideration the nature of the recovery, the period of incarceration, and the absence of any criminal antecedents, this Court is inclined to enlarge the petitioner on bail, subject to certain conditions. https://www.mhc.tn.gov.in/judis CRL OP No. 20294 of 2026 __________ Page3 of 5 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, Sulur, 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. 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 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]; https://www.mhc.tn.gov.in/judis CRL OP No. 20294 of 2026 __________ Page4 of 5 [f] if the petitioner thereafter abscond, a fresh FIR may be registered under Section 269 of the Bharatiya Nyaya Sanhita, 2023. 03-08-2026 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 Judicial Magistrate, Sulur. 2. Central Prison, Coimbatore. 3. The Inspector of Police, Sulur Police Station, Coimbatore District. 4. The Public Prosecutor, High Court of Madras. https://www.mhc.tn.gov.in/judis CRL OP No. 20294 of 2026 __________ Page5 of 5 C.KUMARAPPAN, J. NSL CRL OP No. 20294 of 2026 03-08-2026 https://www.mhc.tn.gov.in/judis