Sathish Kumar v. The Inspector of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 05/06/2026 CORAM THE HONOURABLE MR. JUSTICE P. DHANABAL Sathish Kumar ... Petitioner/Accused No.2 Vs The Inspector of Police, Checkanurani Police Station, Madurai District. (Crime No. 54 of 2024). ... Respondent/Complainant PRAYER :-To enlarge the petitioner on bail in the event of his arrest in C.C.No.93 of 2025 on the file of the Principal EC NDPS Court, Madurai. For Petitioner : P.Praveenkumar, Advocate. For Respondent : Mr.N.Balasubramanian, Government Advocate (Crl.Side) ORDER : The Court made the following order :-

The petitioner, who apprehends arrest at the hands of the respondent for the offences punishable under Sections 8(c) abd 20(b)(ii)

(B) of NDPS Act, 1985, in Crime No.54 of 2024 on the file of the respondent police, seek anticipatory bail.

¶2The case of the prosecution is that on 06.02.2024 at about 08.00 a.m, on secret information, the respondent police made surveillance at Kamatchiyammal Temple near A.Kokkulam Government Polytechnic and found A1 was in illegal possession of 1.200 kg of ganja and on enquiry, it came to know that he purchased the same from the petitioner. Hence, the case.

¶3The learned counsel for the petitioner would submit that the petitioner is innocent and he was falsely implicated in this case and he is no way connected in the above said incident. He would further submit that the contraband involved in this case is not a commercial quantity and no recovery was made from this petitioner. Hence, he prays to grant anticipatory bail to the petitioner.

¶4The learned Government Advocate (Crl. Side) would submit that the accused was found in illegal possession of 1.200 kg of ganja and the petitioner has 1 previous case similar in nature. Hence, he opposes to grant anticipatory bail to the petitioner. He would further submit that after completion of investigation, final report was filed before the Principal EC NDPS Court, Madurai, and the same was taken on file in C.C.No.93 of 2025.

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

¶6Considering the rival submissions on either side and the nature of offences charged against the petitioner, and the quantity involved in this case is not a commercial quantity and the entire contraband was recovered from A1 and no contraband was recovered from the petitioner and though the petitioner has 1 pervious case and in that case, he was released on bail and the investigation was completed and final report was filed before the concerned Court and the same was also taken on file, I am inclined to grant anticipatory bail to the petitioner, subject to the following conditions: [a] Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, within a period of fifteen days from the date on which the order copy made ready, before the Principal EC NDPS Court, Madurai, on condition that the petitioner shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties each for a like sum to the satisfaction of the learned Judicial Magistrate concerned and on further conditions that: [b] the petitioner shall report before the trial Court, every Monday at 10.30 a.m. for a period of 8 weeks, and thereafter as and when required for the interrogation. [c] the petitioner shall not commit any offences of similar nature. [d] the petitioner shall not abscond either during investigation or trial. [e] the petitioner shall not tamper with evidence or witness either during investigation or trial. [f] On breach of any of the aforesaid conditions, the learned Judicial Magistrate/Trial Court is entitled to take appropriate action against the petitioner in accordance with law as if the 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)AIR SCW 5560]. [g] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 B.N.S.

05.06.2026 dss

To

1.The Principal EC NDPS Court, Madurai.

2.The Inspector of Police, Checkanurani Police Station, Madurai District.

3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. CRLoOP(MD).oNo.10190oofo2026 ooooooooooooooooooooooooooooooooP.oDHANABAL,J ooooooooooooooooooooooooooooooodss oooooooooooooooooooooooooooooooooooORDER oooooooooooooooooooooooooooooooooooooIN oooooooooooooooooooooooooCRLoOP(MD)oNo.10190oofo2026 ooooooooooooooooooooooooooooooDateoo:o05/06/2026