Sabari v. The State Rep by the Inspector of Police

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

17.06.2026 for the alleged offence under Section 123 and 62 of BNS 2023, 21(a), 27(a), r/w 8(c) and r/w 20(b)(ii)(A) of Narcotic Drugs & Psychotropic Substances Act @ 123 and 62 of BNS 2023, 21(a), 27(a), 8(c), r/w 20(b)(ii)(B) Page2 of 6 and 29(1) of Narcotic Drugs & Psychotropic Substances Act, 1985 in Crime No.179 of 2026 on the file of the respondent police, seeks bail.

¶2The case of the prosecution is that the petitioner along with other accused were found to be in possession of 400 Tapentadol Tablets (100 mg) and 625 grams of ganja. Hence, the case.

¶3The 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 is ready to abide by any stringent conditions that may be imposed by this Court. He further submitted that co-accused has already been released on bail in Crl.OP.No.19206 of 2026 dated 20.07.2026. Hence, he prays for grant of bail to the Petitioner.

¶4Per contra, the learned Government Advocate (Criminal Side) appearing for the Respondent Police reiterated the prosecution case and submitted that the co-accused has already been enlarged on bail and that the petitioner has no criminal antecedents. However, he opposed the grant of bail to the Petitioner. Page3 of 6

¶5I have given my anxious consideration to either side submissions and perused the materials available on record.

¶6Considering the facts and circumstances of the case; taking note of the submission made by the learned Government Advocate (Crl.Side); considering the fact that the petitioner has no criminal antecedents and that the quantity involved is an intermediate one and upon the fact that the co-accused has already been released on bail, this Court is of the view that this petitioner is also entitled to have parity as that of the co-accused. Hence, this Court is inclined to grant bail to the petitioner, subject to certain 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.I, Thiruvannamalai, 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; [b] the petitioner shall report before the respondent police daily at 10.30 a.m., until further orders; Page4 of 6 [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. 23-07-2026 DRL 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

1.The Judicial Magistrate No.I, Thiruvannamalai

¶2The Inspector of police Thiruvannmalai Town Police Station, Thiruvannmalai District.

3.The Superintendent of Police, Central Prison, Salem.

4.The Public Prosecutor, High Court, Madras. CRLoOPoNo.o19713oofo2026 C.KUMARAPPAN,oJ. DRL CRLoOPoNo.o19713oofo2026 23-07-2026 Page6oofo6

Page1 of 6 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 23-07-2026 CORAM THE HON'BLE MR.JUSTICE C.KUMARAPPAN Sabari S/o. Manogaran, No.67/3, Vel Nagar, Thiruvannamalai Town, Thiruvannmalai-606 601. ..Petitioner(s) Vs The State rep by The Inspector of police Thiruvannmalai Town Police Station, Thiruvannmalai District. Crime No.179 of 2026. ..Respondent(s) PRAYER : Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioner on bail connected with Crime No.179 of 2026 (pending investigation on the file of respondent policeti and thus render Justice. For Petitioner(s): Mr.S.Dilli Ganesh For Respondent(s): Mr.S.Yogaraja Sekar Counsel for Government of Tamil Nadu (Criminal Side)