Mohamed Yusuf Ali v. The State Represented by the Inspector of Police

ORDER The petitioners, who were arrested and remanded to judicial custody on

11.07.2026 for the alleged offences under Sections 8(c) and 20(b)(ii)(A) of the NDPS Act read with Section 77 of the Juvenile Justice (Care and Protection of Page2 of 6 Children) Act, 2015 in Crime No.144 of 2026 on the file of the respondent police, seek bail.

¶2The case of the prosecution is that the petitioners were found to be in possession of 400 grams of ganja. Hence, the case.

¶3The learned counsel appearing for the petitioners submitted that the petitioners have been falsely implicated in the present case and that they have not committed any offence as alleged by the prosecution. He further submitted that both the 1st and 2nd petitioners were in possession of small quantity of 200 grams of ganja and there was no recovery with regard to the 3rd petitioner. He further submitted that the petitioners are ready to abide by any stringent conditions that may be imposed by this Court. Hence, he prays for grant of bail to the Petitioners.

¶4Per contra, the learned Government Advocate (Criminal Side) appearing for the Respondent Police reiterated the prosecution case and submitted that the petitioners have been arrayed as A1, A3 and A4 and have been incarcerated since 11.07.2026. He further submitted that A1/ 1st petitioner has three previous cases, A3/ 2nd petitioner has one previous case and the A4/ 3rd petitioner has no criminal antecedents. Hence, he opposed the grant of bail to the Petitioners. 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 totality of the circumstances and upon the fact that though the total recovery of contraband being small quantity, considering their criminal antecedents, this Court is of the firm view that it is not desirable to enlarge the 1st and 2nd petitioners on bail. Hence, this Court is not inclined to grant bail to 1st and 2nd petitioners.

¶7As far as, 3rd petitioner is concerned, he has no criminal antecedents and has been incarcerated since 11.07.2026 and that there is no recovery from this petitioner. Hence, this Court is inclined to grant bail to the 3rd petitioner, subject to certain conditions.

¶8Accordingly, the 3rd 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 District Munsif cum Judicial Magistrate Court, Kattumannarkoil., and on further conditions that: Page4 of 6 [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 3rd petitioner shall report before the respondent police daily at 10.30 a.m., until further orders; [c] the 3rd petitioner shall not abscond either during investigation or trial; [d] the 3rd 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 3rd petitioner in accordance with law as if the aforementioned conditions have been imposed and the 3rd 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.

¶8In the result, this Criminal Original Petition is allowed insofar as the third Petitioner is concerned and dismissed insofar as the first and second Petitioners are concerned. 30-07-2026 SHL Page5 of 6 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 District Munsif cum Judicial Magistrate Court, Kattumannarkoil.

¶2The Central Prison, Cuddalore

¶3The Inspector of Police, Kattumannarkoil police station

¶4The Public Prosecutor High Court of Madras CRLoOPoNo.o20593oofo2026 C.KUMARAPPANoJ. SHL CRLoOPoNo.o20593oofo2026 30-07-2026 Page6oofo6

Page1 of 6 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 30-07-2026 CORAM THE HON'BLE MR.JUSTICE C.KUMARAPPAN 1. Mohamed Yusuf Ali 2. Lokesh 3. Nivas ..Petitioners Vs The State Represented by The Inspector of Police Kattumannarkoil Police Station, Crime no.144 of 2026. ..Respondent PRAYER : Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioners on Bail in Crime No.144 of 2026 on the file of the Respondent Police. For Petitioners: Mr.M.Mohamed Riyas For Respondent: Mr.S.Yogaraja Sekar Counsel for Government of Tamil Nadu (Criminal Side)