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2026 DAILYLAW 60804 (MAD)

Vignesh @ Nithesh v. The State rep by, The Inspector of Police

CRL OP/22156/2026 · 2026-08-20

N Ramesh

Transfer Petitionbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

CRL OP No. 22156 of 2026 __________ Page1 of 6 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 20-08-2026 CORAM THE HON'BLE MR.JUSTICE N.RAMESH CRL OP No. 22156 of 2026 Vignesh @ Nithesh ..Petitioner Vs The State rep by, The Inspector of Police D1 Triplicane Police Station, Chennai District. (Crime No.472 of 2025) ..Respondent PRAYER : Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioner on bail in C.C.No.1375 of 2025 on the file of the II Additional special court for exclusive trial of cases under NDPS Act. For Petitioner: Mr.Srikanth Kolla For Respondent: Mr.M.M.I.Khaleel Government Advocate (Crl.Side) ORDER The petitioner, who was arrested and remanded to judicial custody on 21.07.2025 for the alleged offences under Sections 8 (c) r/w 20 (b) (ii) (C), and 29 (1) of NDPS Act in C.C No. 1375 of 2025 on the file of the II Additional Special Court for Exclusive Trial of Cases under NDPS Act, Chennai in Crime https://www.mhc.tn.gov.in/judis CRL OP No. 22156 of 2026 __________ Page2 of 6 No.472 of 2025 on the file of the respondent police, seeks bail. 2. The case of the prosecution is that the petitioner along with other accused were found to be in possession of 50 kgs of ganja. 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 he has not committed any offence as alleged by the prosecution. He further submitted that the petitioner has been incarcerated since 21.07.2025 and submitted that the total recovery is 50 kgs of ganja, whereas as against this petitioner, there is no recovery as against this petitioner. He further submitted that except the confession of A1, no other accused has stated anything against this petitioner. 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 there is no criminal antecedents against this petitioner. He further submitted that there is no recovery as against this petitioner, but there are CDR details with regard to this petitioner. Hence, he opposed the grant of bail to the Petitioner. https://www.mhc.tn.gov.in/judis CRL OP No. 22156 of 2026 __________ Page3 of 6 5. Heard the learned counsel appearing for the petitioner, the learned Government Advocate (Crl.Side) for the respondent Police and 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 considering the fact that there is no recovery as against this petitioner and the petitioner has no criminal antecedents and considering his period of incarceration, this Court is of the view that further incarceration of the petitioner is not required. It is further seen that there is no corroborative evidence available against this petitioner and that investigation has been completed and charge sheet filed before the competent court. Hence, 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 his 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 II Additional Special Court for Exclusive Trial of Cases under NDPS Act cases at Chennai, and on further conditions that: [a] the sureties shall affix their photographs and Left Thumb Impression in the Application for Surety ship https://www.mhc.tn.gov.in/judis CRL OP No. 22156 of 2026 __________ Page4 of 6 [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 concerned Court everyday at 10.30 a.m., until further orders; [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. 20-08-2026 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. 22156 of 2026 __________ Page5 of 6 To: 1. The II Additional Special Court for Exclusive Trial of Cases under NDPS Act cases at Chennai 2. The Central Prison, Puzhal, Chennai 3. The Inspector of Police, DI, Triplicane Police Station, Chennai. 4. The Public Prosecutor High Court of Madras https://www.mhc.tn.gov.in/judis CRL OP No. 22156 of 2026 __________ Page6 of 6 N.RAMESH J. SHL CRL OP No. 22156 of 2026 20-08-2026 https://www.mhc.tn.gov.in/judis