CRL OP(MD). No.16546 of 2026 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 06/08/2026 CORAM THE HONOURABLE MR. JUSTICE K. RAJASEKAR CRL OP(MD). No.16546 of 2026 Latha ... Petitioner/Sole Accused Vs The State of Tamilnadu Rep By, The Inspector of Police, Thilagar Thidal, Police Station, Madurai District. (Crime No.196 of 2026). ... Respondent/Complainant PRAYER :- For Bail in Crime No.196 of 2026 on the file of the respondent police. For Petitioner : K.Dinesh, Advocate. For Respondent : Mr.T.Lenin Kumar, Counsel For State of TN (Crl.Side) ORDER The petitioner, who was arrested and remanded to judicial custody 1/6 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.16546 of 2026 on 20.07.2026 for the alleged offence under Sections 8(c) r/w 20(b)(ii) (B) of Narcotic Drugs & Psychotropic Substances Act, 1985 Act, in Crime No.196 of 2026 on the file of the respondent police, seeks bail. 2. The case of the prosecution is that on 20.07.2026, when the respondent police were on patrol duty, the accused was found in possession of 2 kilograms of ganja with an intention to sell the same to the general public. Hence, the FIR was registered by the respondent police, and the petitioner was arrested on 20.07.2026. 3. The learned counsel appearing for the petitioner would submit that the petitioner is innocent and she was falsely implicated in this case and she has not committed any offence as alleged by the prosecution. He would further submit that the contraband involved in this case is not a commercial quantity. Hence, Section 37 of the NDPS Act is not applicable to this case and the petitioner has no previous case and she is in custody from 20.07.2026 and ready to abide any condition imposed by this Court. Hence, he prayed bail for the petitioner. 4. The learned Counsel appearing for the State reiterated the prosecution case and reported that the investigation in this case is still 2/6 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.16546 of 2026 pending. The petitioner has no previous case. If she is released out of bail, again she will indulge in similar activities. He opposed the grant of bail to the petitioner. 5. This Court heard both sides and perused the materials available on record. 6. Considering the facts and circumstances of the case, nature of offences, that the petitioner has no previous case, the quantity involved in this case is not a commercial quantity, hence, Section 37 of the NDPS Act will not applicable to this case, and also considering the period of incarceration, I am 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.15,000/- (Rupees Fifteen Thousand only) with two sureties each for a like sum to the satisfaction of the learned Principal Special Court for Narcotic Drugs and Psychotropic Substances Act Cases, Madurai,, and on further conditions that: [b] the petitioner shall report before report 3/6 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.16546 of 2026 before the concerned Jurisdictional Magistrate at 10.30 a.m., on all working days, for a period of three weeks, thereafter as and when required for interrogation; [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 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 51730]. [g] If the accused thereafter absconds, a fresh 4/6 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.16546 of 2026 FIR can be registered under Section 269 BNS. 06.08.2026 dss To: 1. The learned Principal Special Court for Narcotic Drugs and Psychotropic Substances Act Cases, Madurai. 2. The Inspector of Police, Thilagar Thidal, Police Station, Madurai District. 3.The Superintendent, Central Prison, Madurai. 4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. 5/6 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.16546 of 2026 K. RAJASEKAR,J dss ORDER IN CRL OP(MD) No.16546 of 2026 Date : 06/08/2026 6/6 https://www.mhc.tn.gov.in/judis