Victor v. The Inspector of Police

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

28.06.2026 for the alleged offence under Section 8(C) r/w 20(b)(ii)(B) of the NDPS Act in Crime No.146 of 2026 on the file of the respondent police, seeks bail. Page2 of 5

¶2The case of the prosecution is that the petitioner along with other accused person were found to be in possession of 2 kg 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 there was no recovery from this petitioner and the recovery has been made only from A1. He further submitted that the petitioner is ready to abide by any stringent conditions that may be imposed by this Court. Hence, he prays for grant of bail to the Petitioner.

¶4Per contra, the learned Government counsel (Criminal Side) appearing for the Respondent Police reiterated the prosecution case and submitted that the petitioner has been incarcerated since 28.06.2026 and submitted that the petitioner has one previous case pending against him. Hence, he opposed the grant of bail to the Petitioner.

¶5I have given my anxious consideration to either side submissions and perused the materials available on record. Page3 of 5

¶6Considering the facts and circumstances of the case; taking note of the submission made by the learned Government counsel (Crl.Side); considering the totality of the circumstances and upon the fact that though the petitioner has one previous case, it is not of similar nature and the fact that the quantity involved is of an intermediate quantity, considering the period of incarceration of the petitioner since 28.06.2026, 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 Special Court for Essential Commodities Act, Thanjavur 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; [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; Page4 of 5 [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 SHL 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. To:

¶1The Special Court for Essential Commodities Act, Thanjavur

¶2The District Jail, Nagapattinam

¶3The Inspector of Police, Koothanallur police station, Tiruvarur

¶4The Public Prosecutor, High Court of Madras CRLoOPoNo.o19947oofo2026 C.KUMARAPPANoJ. SHL CRLoOPoNo.o19947oofo2026 27-07-2026 Page5oofo5

Page1 of 5 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 27-07-2026 CORAM THE HON'BLE MR.JUSTICE C.KUMARAPPAN Victor ..Petitioner Vs The Inspector of Police Koothanallur Police Station, Tiruvarur. ..Respondent PRAYER : Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioner on bail in Crime No.146 of 2026 on the file of respondent police, Koothanallur Police Station, Tiruvarur. For Petitioner: Mr.D.Silambarasan For Respondent: Mr.S.Yogaraja Sekar Counsel for Government of Tamil Nadu (Criminal Side)