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2026 DAILYLAW 61516 (MAD)

N.Prithiviraj v. State Of Tamilnadu Rep By Inspector Of Police, Suthamalli

CRL OP(MD)/18033/2026 · 2026-08-20

K Murali Shankar

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

CRL OP(MD). No.18033 of 2026 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 20/08/2026 PRESENT The HONOURABLE MR. JUSTICE K.MURALI SHANKAR CRL OP(MD). No.18033 of 2026 N.Prithiviraj, S/o.Nadarajan, No.5/50, Melatheru, Chokkattanthoppu, Suthamali, Tirunelveli District.. ... Petitioner/Accused Vs State of Tamilnadu Rep by, The Inspector of Police, Suthamalli, Police Station, Tirunelveli District. (Crime No. 616 of 2026). ... Respondent/Complainant For Petitioner : Mr.S.Sivaprakash, 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. 616 of 2026 on the file of the Respondent Police. 1/6 CRL OP(MD). No.18033 of 2026 ORDER : The Court made the following order :- The petitioner/Accused, who was arrested and remanded to judicial custody on 13.06.2026 for the alleged offence under Sections 8(c) r/w 20(b)(ii)(B) and 25 of NDPS Act, 1985, in Crime No.616 of 2026 on the file of the respondent police, seeks bail. 2. The case of the prosecution is that on 26.05.2026 at about 22.15 hours, based on the secret information, the respondent Police was on surveillance and found that the petitioner was in illegal possession of 1.120 kgs of ganja in his bike bearing Registration No.TN 18 BA 7465 and both were recovered. Hence, the complaint has been registered. 3. The learned counsel appearing for the petitioner would submit 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 would further submit that the petitioner is ready to abide by any stringent conditions that may be imposed by this Court. He would further submitted that the petitioner is incarceration from 13.06.2026 and the 2/6 CRL OP(MD). No.18033 of 2026 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 and other accused illegally trafficked 1.120 kgs of Ganja. He further submitted that the petitioner has two previous cases, which are similar in nature for intermediate quantity. The investigation in this case is still pending. Hence, he opposed to grant bail to the petitioner. 5.Considering the facts and circumstances of the case and also the quantity recovered is a intermediate quantity, that Section 37 of the NDPS Act is not applicable to this case and that the petitioner is in judicial custody from 13.06.2026, this Court is inclined to grant bail to the petitioner subject to the following conditions: 6.Accordingly, this Criminal Original Petition is allowed and the petitioner is ordered to be released on bail on his executing a bond for a 3/6 CRL OP(MD). No.18033 of 2026 sum of Rs.25,000/- (Rupees Twenty Five Thousand only) with two sureties each for a like sum to the satisfaction of the learned Principal Special Judge for NDPS Act Cases, Madurai, and on further conditions that; (i)the sureties shall affix their photographs and left thumb impression in the surety bond and the Magistrate/concerned court may obtain a copy of their Aadhar card or Bank Pass Book to ensure their identity; (ii)the petitioner shall report before the respondent Police daily at 10.30 a.m., until further orders; (iii)the petitioner shall not tamper with evidence or witness; (iv)the petitioner shall not abscond during trial; (v)On breach of any of the aforesaid conditions, the learned 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]; 4/6 CRL OP(MD). No.18033 of 2026 (vi)If the accused thereafter abscond, a fresh FIR can be registered under Section 269 BNS, 2023. (K M S J) 20.08.2026 VSG TO 1.The learned Principal Special Judge for NDPS Act Cases, Madurai. 2. The Superintendent, Central jail, Palayamkottai, Tirunelveli District. 3.The Inspector of Police, Suthamalli, Police Station, Tirunelveli District. 4. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. 5/6 CRL OP(MD). No.18033 of 2026 K.MURALI SHANKAR,J., vsg ORDER IN CRL OP(MD) No.18033 of 2026 Date : 20/08/2026 6/6