Kannan v. The State Rep by the Inspector of Police

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

13.06.2026 for the alleged offences under Sections 8(c), 20(b)(ii)(B) of the Narcotic Drugs & Psychotropic Substances Act, 1985, in Crime No.244 of 2026 on the file of the respondent police, seeks bail. Page2 of 6

2.The case of the prosecution is that, based on a tip-off received on

13.06.2026, the respondent police surrounded the petitioner, who was found in possession of 1.100 kg of Ganja. The contraband was subsequently seized, and a case was 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 13.06.2026 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.

4.Per contra, the learned Government Advocate (Criminal Side) appearing for the respondent police reiterated the prosecution case and submitted that the petitioner was found in possession of 1.100 kg of Ganja, which falls under the category of intermediate quantity. He further submitted that there is one previous case pending against the petitioner and, therefore, opposed the grant of bail.

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

¶6Considering the submissions made by both sides, it is observed that the petitioner has been in judicial custody since 13.06.2026. The total recovery in this case is 1.100 kg of Ganja, which falls within the intermediate quantity. Taking into account the quantity recovered from the petitioner and the period of incarceration already undergone by him since 13.06.2026, this Court is of the considered view that the further 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-4, Salem, 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., and 5.30 p.m. until further orders; [c] the petitioner shall not abscond either during investigation or trial; Page4 of 6 [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. 27-07-2026 GBI 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-4, Salem.

¶2The Inspector of Police Annathanapatty Police Station, Salem City.

3.The Central Prison, Salem.

4.The Public Prosecutor, High Court of Madras. CRLoOPoNo.o20107oofo2026 C.KUMARAPPAN,oJ. GBI CRLoOPoNo.o20107oofo2026 27-07-2026 Page6oofo6

Page1 of 6 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 27-07-2026 CORAM THE HON'BLE MR.JUSTICE C.KUMARAPPAN Kannan S/o. Paramasivam, D.No.29-4, Thagur Street, Dhadagapatty, Salem South Taluk, Salem District-636006. ..Petitioner(s) Vs The State Rep by The Inspector of Police, Annathanapatty Police Station, Salem City. Crime No.244 of 2026. ..Respondent(s) Prayer: Criminal Original Petition filed under section 483 of BNSS, to enlarge the petitioner on bail in crime No.244 of 2026 on the file of respondent police and thus render Justice. For Petitioner(s): Mr.L.Ramanathan For Respondent(s): MR.S.YOGARAJA SEKAR, GOVT.ADVOCATE (CRL.SIDE )