D.Vinothkumar v. The State of Tamilnadu Rep.By

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 07/07/2026 PRESENT The HONOURABLE MR. JUSTICE K. RAJASEKAR D.Vinothkumar, S/o.Dhanapalan, 36, Ravichandran Compound, Amabalakaranpatti, Uthangudi (Valar Nagar), Madurai-625 023.

... Petitioner/Accused No.1 Vs The State of Tamilnadu Rep.By, The Inspector of Police, PEW Police Station, Madurai City . (Cr.No.138 of 2026). ... Respondent/Complainant

For Petitioner : M/s.Gayathri.M,

Advocate.

For Respondent : Mr.T.Lenin Kumar,

Counsel for State of TN (Crl.Side) PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- C-32B For Bail in Crime No.138 of 2026 on the file of the respondent Police. ORDER : The Court made the following order :- The petitioner / Accused No.1, who was arrested and remanded to judicial custody on 22.05.2026, for the offences punishable under Section 8(c) r/w. 20(b)(ii)(B), 25 and 29(1) of NDPS Act, in Crime No. 138 of 2026 on the file of the respondent police, seeks bail.

¶2The case of the prosecution is that the petitioner was found in possession of 5 Kilograms of Ganja. On secret information the police parties went to that place, intercepted the accused and arrested with contraband. Hence, the case.

¶3The learned counsel appearing for the petitioner would submit that the petitioner is innocent and he was falsely implicated in this case and he has not committed any offence as alleged by the prosecution. The petitioner is in custody from 22.05.2026 and ready to abide any condition imposed by this Court. He would further submit that the co-accused was granted bail by this Court. The quantity involved in this case is a intermediate quantity and Section 37 of the NDPS Act is not applicable to this case. Hence, he prayed for grant of bail to the petitioner.

¶4The learned Counsel appearing for the State reiterated the prosecution case and reported that the petitioner has some previous cases, out of which one is similar in nature. Investigation is still pending. He opposed the grant of bail to the petitioner.

¶5This Court heard both sides and perused the materials available on record.

¶6Considering the facts and circumstances of the case and nature of offences, though the petitioner has some previous cases, most of the cases are filed under IPC, the quantity involved in this case is not commercial quantity and Section 37 of the NDPS Act is not applicable to this case, this Court already granted bail to the similarly placed co-accused in Crl.O.P.(MD).No.13022 of 2026, vide order dated 02.07.2026 and also considering the period of incarceration and I am inclined to grant bail to the petitioner subject to certain conditions. [a] Accordingly, the petitioner is ordered to be released on bail on condition to execute a bond for a sum of Rs.15,000/- (Rupees Fifteen Thousand only) with two sureties each for a like sum to the satisfaction of the learned Additional District Judge, Special Court under EC and NDPS Act Cases, Madurai, and on further conditions that: [b] the petitioner shall report before the learned Additional District Judge, Special Court under EC and NDPS Act Cases, Madurai, at 10.30 a.m., on all working days, for a period of four weeks, thereafter as and when required for interrogation; [c] the petitioner shall not commit any offence similar to the offence of which he/she is accused, or suspected, or of the commission of which he/she is suspected; [d] the petitioner shall not abscond either during investigation or trial; [e] the petitioner shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade her from disclosing such facts to the Court or to any police officer or tamper with the evidence; [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 51730]. [g] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 BNS.

(K R S J)

07.07.2026 VSG TO

1.The learned Additional District Judge, Special Court under EC and NDPS Act Cases, Madurai.

¶2The Superintendent, District Prison, Dindigul.

3.The Inspector of Police, PEW Police Station, Madurai City .

¶4The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. K. RAJASEKAR,J., vsg ORDER IN CRL OP(MD) No.12487 of 2026 Date : 07/07/2026