Nishanth v. The State Rep by the Inspector of Police

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

05.07.2026 for the alleged offence under Section 8(c) r/w. 20(b)(ii)(B), 25 and 29(1) of NDPS Act, 1985 in Crime No.260 of 2026 on the file of the respondent police, seeks bail. Page2 of 6

¶2The case of the prosecution is that 1.100 kg of ganja were recovered from A-1 and weighing machine and air tight bags were recovered from the petitioner. 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 recovery is only an intermediate quantity of contraband and the same has been recovered from A1 and the petitioner was found in possession of 20 Nos of air tight covers only. 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 arrayed as A2 in this case and has been incarcerated since

05.07.2026, however, fairly conceded that the petitioner has no criminal antecedents. However, 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 6

¶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 the petitioner has no criminal antecedents and upon the further fact that the total quantity involved is of an intermediate quantity, considering the period of incarceration of the petitioner since 05.07.2026, 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 Additional District Judge / Presiding Officer, Special Court for Essential Commodities Act Cases, Coimbatore., 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 05.30 p.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 Page4 of 6 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 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. Page5 of 6 To:

¶1The Additional District Judge / Presiding Officer, Special Court for Essential Commodities Act Cases, Coimbatore.

¶2The Central Prison, Coimbatore

¶3The Inspector of Police Peelamedu Police Station, Coimbatore

¶4The Public Prosecutor High Court of Madras CRLoOPoNo.o20002oofo2026 C.KUMARAPPANoJ. SHL CRLoOPoNo.o20002oofo2026 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 Nishanth ..Petitioner Vs The State rep by The Inspector of Police Peelamedu Police Station, Coimbatore. Crime No.260 of 2026. ..Respondent PRAYER : Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioner on bail pending investigation in Crime No.260 of 2026 on the file of respondent. For Petitioner: Mr.K.Balasubramaniam For Respondent: Mr.S.Yogaraja Sekar Counsel for Government of Tamil Nadu (Criminal Side)