Aswin Babu v. The State rep by the Inspector of Police
CRL OP/21523/2026 · 2026-08-06
C Kumarappan
Transfer Petitionbody2026
DailyLaw.ai
[ 2026 DAILYLAW 60474 (MAD) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 60474 (MAD) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
CRL OP No. 21523 of 2026 __________ Page1 of 5 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 06-08-2026 CORAM THE HON'BLE MR.JUSTICE C.KUMARAPPAN CRL OP No. 21523 of 2026 Aswin Babu ..Petitioner Vs The State represented by, Inspector of Police Madukkarai Police Station, Coimbatore. Crime No.247 of 2026 ..Respondent PRAYER : Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, to release the petitioner/ accused on bail in the above Crime No.247 of 2026 pending investigation on the file of the respondent police. For Petitioner(s): Mr.A.Arshad Khan For Respondent(s): Mr.S.Yogaraja Sekar Counsel for Government of Tamilnadu (Criminal Side)
ORDER The petitioner, who was arrested and remanded to judicial custody on 04.07.2026 for the alleged offences under Sections 8(c), 20(b)(ii)(B) of Narcotic Drugs & Psychotropic Substances Act, 1985 in Crime No.247 of 2026 on the file of the respondent police, seeks bail. https://www.mhc.tn.gov.in/judis
CRL OP No. 21523 of 2026 __________ Page2 of 5
2. The case of the prosecution is that the petitioner and two accused persons were found in possession of 1.100 kilograms of Ganja. Hence, the case.
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 04.07.2026 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 am intermediate quantity and the petitioner has been incarcerated since 04.07.2026. Taking into consideration the nature of the recovery, the period of incarceration, https://www.mhc.tn.gov.in/judis
CRL OP No. 21523 of 2026 __________ Page3 of 5 and the absence of any criminal antecedents, this Court is inclined to enlarge the petitioner on bail, 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 Additional District Judge / Presiding Officer, Special Court for Essential Commodities Act Cases, Coimbatore 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 https://www.mhc.tn.gov.in/judis
CRL OP No. 21523 of 2026 __________ Page4 of 5 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. 06-08-2026 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 Additional District Judge / Presiding Officer, Special Court for Essential Commodities Act Cases, Coimbatore. 2. Central Prison, Coimbatore. 3. The Inspector of Police, Madukkarai Police Station, Coimbatore. 4. The Public Prosecutor, High Court of Madras. https://www.mhc.tn.gov.in/judis
CRL OP No. 21523 of 2026 __________ Page5 of 5 C.KUMARAPPAN, J. NSL CRL OP No. 21523 of 2026 06-08-2026 https://www.mhc.tn.gov.in/judis