Ajith Kumar v. State by Inspector of Police,

ORDER The petitioner, who was arrested and remanded to judicial custody on

30.05.2026 for the alleged offences under Sections 8(c), 20(b)(ii)(B) of Narcotic Drugs & Psychotropic Substances Act, 1985, in Crime No.110 of 2026 on the Page2 of 6 file of the respondent police, seeks bail.

¶2The case of the prosecution is that based on tip-off, on 19.04.2025, the respondent police surrounded the petitioner and other accused, were found in possession of 3.200 kg of Ganja and the same had been seized. Hence, a case has been registered against the petitioner.

¶3The learned counsel for the petitioner submitted that the petitioner has been falsely implicated in this case and that he has not committed any offence as alleged by the prosecution. He further submitted that the petitioner has been in custody since 30.05.2026 and is ready to abide by any stringent conditions that may be imposed by this Court. Hence, he prayed for grant of bail to the petitioner.

¶4The learned Government Advocate (Crl. Side) appearing for the respondent police reiterated the prosecution case and submitted that the petitioner was arrested on 30.05.2026. The petitioner is arrayed as A1 out of two accused. It was further submitted that the total quantity of ganja recovered in the case is 10.400 kilograms, out of which 3.200 kilograms was recovered from the possession of the petitioner (A1) and 1.200 kilograms was recovered from A2. The learned Government Advocate submitted that the recovery falls within the intermediate quantity and prayed for dismissal of the bail application.

¶5I have given anxious consideration to the submissions made by the Page3 of 6 learned counsel appearing on either side and also perused the materials available on record

¶6Considering the submissions made by the learned Government Advocate (Crl. Side), it is seen that the petitioner is in judicial custody since

30.05.2026. The petitioner has no previous criminal antecedents. Though the total recovery in the case is 10.400 kilograms of ganja, only 3.200 kilograms was recovered from the possession of the petitioner, which falls within the intermediate quantity. Considering the absence of any previous criminal antecedents, the quantity recovered from the petitioner, and the period of incarceration already undergone by him since 30.05.2026, this Court is of the considered view that the custodial interrogation of the petitioner is not required. Hence, this Court is inclined to enlarge the petitioner on bail, subject to the following conditions.

¶7Accordingly, 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, Erode, and on further conditions that: [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; Page4 of 6 [b] the petitioner shall report before the respondent police daily at 10.30 a.m., and 5.30 p.m. for a period of 30 days 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 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. 07-07-2026 jrs Note:

¶1Registry is directed to forthwith upload this order in the Official Website of this Court.

¶2All 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. Page5 of 6 To

¶1The Judicial Magistrate II, Erode.

¶2The Inspector of Police, Erode Town Police Station, Erode District. Crime No.110 of 2026.

¶3The Superintendent, District Prison, Gopichettypalayam.

¶4The Public Prosecutor High Court of Madras. CRLoOPoNo.o17371oofo2026 C.KUMARAPPAN,oJ. JRS CRLoOPoNo.o17371oofo2026 07-07-2026 Page6oofo6

Page1 of 6 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 07-07-2026 CORAM THE HON'BLE MR.JUSTICE C.KUMARAPPAN Ajith Kumar S/o. Arul, No.72, Nadutheru, R.N.Pudur, Suriyampalayam, Ramanadhapuram, Pudur, Erode. ..Petitioner/ Accused-1 Vs State by Inspector of Police, Erode Town Police Station, Erode District. Crime No.110 of 2026. ..Respondent/ Complainant Prayer: Criminal Original Petition filed under section 483 of BNSS to grant bail to the Petitioner/Accused in Crime No.110/2026 pending on the file of the Respondent Police. For Petitioner: Mr. R.Radha Pandian For Respondent: MR.S.YOGARAJA SEKAR, GOVT.ADVOCATE (CRL.SIDE )