CRL OP(MD). No.18108 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.18108 of 2026 Joshva Daniel, S/o. Stephen, No. 35d, Rajamannar 1st Street, Thoothukudi. Now at 40-2c/1, Boldenpuram 1st Street, Thoothukudi District.. ... Petitioner/Sole Accused Vs State of Tamilnadu Rep by, The Inspector of Police, Central Police Station, Thoothukudi, Thoothukudi District. (Crime No. 203 of 2026). ... Respondent/Complainant For Petitioner : Mr.B.N.Raja Mohamed, Advocate. For Respondent : Mr.T.Lenin Kumar, Counsel for State of TN (Crl.Side) 1/6 CRL OP(MD). No.18108 of 2026 PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- C-32B. For Bail in Crime No. 203 of 2026 on the file of the Respondent Police. ORDER : The Court made the following order :- The petitioner/Sole Accused, who was arrested and remanded to judicial custody on 05.07.2026 for the alleged offence under Sections 132 and 351(3) of BNS and Sections 8(c) r/w 20(b)(ii)(A) of NDPS Act, 1985, in Crime No.203 of 2026 on the file of the respondent police, seeks bail. 2. The case of the prosecution is that on 05.07.2026, based on the secret information, the respondent Police was on surveillance and found that the petitioner was in illegal possession of 10 gms of ganja. It is further alleged that the petitioner prevented the police officers from discharging their official duties by using force and wielding a knife. Hence, the complaint was registered. 2/6 CRL OP(MD). No.18108 of 2026 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 05.07.2026 and the quantity involved in this case is a small 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 illegally trafficked 10 grams of Ganja. He further submitted that the petitioner has five previous cases, out of which, one case is similar in nature for small 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 small quantity, that Section 37 of the NDPS Act is 3/6 CRL OP(MD). No.18108 of 2026 not applicable to this case and that the petitioner is in judicial custody from 05.07.2026, 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 sum of Rs.25,000/- (Rupees Twenty Five Thousand only) with two sureties each for a like sum to the satisfaction of the learned Judicial Magistrate No.II, Thoothukudi District, 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 4/6 CRL OP(MD). No.18108 of 2026 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]; (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 Judicial Magistrate No.II, Thoothukudi District. 2.The Superintendent, District Jail, Perurani, Thoothukudi District. 3.The Inspector of Police, Central Police Station, Thoothukudi, Thoothukudi District. 4. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. 5/6 CRL OP(MD). No.18108 of 2026 K.MURALI SHANKAR,J., vsg ORDER IN CRL OP(MD) No.18108 of 2026 Date : 20/08/2026 6/6