Deepak Kumar v. The State Represented by the Inspector of Police

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

04.07.2026 for the alleged offences under Sections 8(c), 20(b),(ii) (B) of NDPS Act, 1985 in Crime No.222 of 2026 on the file of the respondent police, seeks bail. Page2 of 6

¶2The case of the prosecution is that the petitioner was found in illegal possession of 1.100 grams 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 produced the order copy of this court in CRL.OP.No.12141 of 2026 dated 09.07.2026 wherein the petitioner hailing from Tripura was granted bail in the case of similar nature. He further submitted that the petitioner has no previous case pending against him and he 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 Advocate (Criminal Side) appearing for the Respondent Police reiterated the prosecution case and submitted that the petitioner has been arrayed as a single accused and he has been found in illegal possession of 1.100 grams of ganja. He has no previous case pending against him. However, he opposed for the grant of bail to the Petitioner.

¶5Heard the learned counsel appearing for the petitioner and the learned Government Advocate (Crl.Side) for the respondent Police 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 Advocate (Crl.Side); considering the totality of the circumstances and the petitioner has been incarceration since

04.07.2026 and quantity of ganja involved is an intermediate one and the accused belonging to Tripura who was involved in a case of similar nature was released on bail by this Court by its order dated 09.07.2026 in CRL.OP.No.12141 of 2026 and the petitioner has no previous case pending against him, this court is inclined to grant bail to the petitioner.

¶7Accordingly, the petitioner is ordered to be released on bail on her executing a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) with two sureties, (out of which, one should be a Government surety) each for a like sum to the satisfaction of the learned Additional District Judge of Special Court for Essential Commodities Act Cases, 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., for the period of two weeks and thereafter, as and when required for interrogation; Page4 of 6 [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 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. 13-08-2026 GV 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 of Special Court for Essential Commodities Act Cases, Salem.

¶2The Salem Prison, Salem.

¶3The Inspector of Police Macdonald Choultry Police Station, Salem.

¶4The Public Prosecutor, High Court, Madras. CRLoOPoNo.o22208oofo2026 N.RAMESH,oJ. GV CRLoOPoNo.o22208oofo2026 13-08-2026 Page6oofo6

Page1 of 6 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 13-08-2026 CORAM THE HON'BLE MR.JUSTICE N.RAMESH Deepak Kumar S/o.Ram Pravesh Das, Daniyalpur, Ward-4, Teghr, Besusarai, Bihar-851 133. ..Petitioner(s) Vs The State Represented by the Inspector of Police Macdonald Choultry Police Station, Salem. Crime No.222/2026. ..Respondent(s) PRAYER: Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioner on Bail in Crime No.222 of 2026, pending investigation/trial on the file of the respondent police. For Petitioner(s): Mr. D.Padmanabhan For Respondent(s): Mr.M.M.I.Khaleel, Govt.Advocate (Crl.Side)