P.Sivasakthi v. The State Rep by the Inspector of Police

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

15.07.2026, for the offences punishable under Section 8(c) r/w. U/s. 20(b)(ii)(B) of NDPS Act, 1985 and U/s.123 of BNS in Crime No.231 of 2026, registered on the file respondent police, seeks bail.

¶2The case of the prosecution is that, the petitioner was found with possession of 200 grams of ganja; that upon investigation, another

8.800 kilograms of Ganja was seized from the co-accused. Hence, this case.

¶3The learned counsel appearing for the petitioner submitted that the petitioner is innocent and he is in judicial custody since 15.07.2026. He further submitted that the alleged seizure effected from the petitioner alone is small quantity. He further submitted that the petitioner is ready to abide by any conditions that may be imposed by this Court and sought for bail to the petitioner.

¶4The learned Government Advocate (Criminal Side) appearing for the respondent while opposing the bail to the petitioner, reiterated the prosecution case and on instruction submitted that the total quantity of ganja involved in this case is 9 kilograms and from this petitioner alone 200 grams of ganja was seized; that the petitioner has no previous case; and that the investigation of this case is pending.

¶5Heard both sides and perused the materials available on record.

¶6Considering the facts and circumstances of the case, the fact that the contraband involved in this case is intermediate quantity, the petitioner has no previous antecedents and also taking note of the period of incarceration undergone by the petitioner, this Court is inclined to grant bail to the petitioner with 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, for a like sum each to the satisfaction of the learned Judicial Magistrate, Madukkarai, Coimbatore District and subject to the following conditions: [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; [e] On breach of any of the aforementioned conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the petitioner in accordance with law as if the conditions had been imposed and the petitioner released on bail by the learned Magistrate/Trial Court itself, as laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005)13 SCC 283]; [f] if the petitioner thereafter absconds, a fresh FIR may be registered under Section 269 of the Bharatiya Nyaya Sanhita, 2023.

24.08.2026 stn 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 Judicial Magistrate, Madukkarai, Coimbatore District.

¶2The Inspector of Police, Podanur Police Station, Podanur, Coimbatore District. (Crime No.231 of 2026)

¶3The Superintendent, Central Jail, Coimbatore.

¶4The Public Prosecutor, High Court of Madras. N. RAMESH

, J.

stn Crl.O.P. No.21775 of 2026

24.08.2026

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 24-08-2026 CORAM THE HONOURABLE MR JUSTICE N. RAMESH CRL OP NO.21775 of 2026 P. Sivasakthi ... Petitioner/ Accused Vs State Rep. by, The Inspector of Police, Podanur Police Station, Podanur, Coimbatore District. (Crime No.231 of 2026) ... Respondent/ Complainant PRAYER : Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, to grant bail to the petitioner/accused in Crime No.231 of 2026 on the file of the respondent police. For Petitioner(s) : Mr. C. Prakasam For Respondent(s) : Mr. M.M.I. Khaleel Government Advocate (Crl. Side) *******