Dhinakaran v. The State of Tamil Nadu Rep. by

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 30.03.2026 PRESENT THE HONOURABLE MR. JUSTICE P. DHANABAL Dhinakaran ...Petitioner/Accused-6

Vs State of Tamil Nadu rep. by The Inspector of Police, Thirunagar Police Station Madurai (Crime No. 176 of 2025 )

...Respondent/Complainant

For Petitioner : Mr.G.Karuppasamypandiyan

Advocate.

For Respondent : Mr.B.Nambi Selvan Additional Public Prosecutor PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- For Bail in Cr.No. 176 of 2025 on the file of the respondent police. ORDER : The Court made the following order :- The petitioner / Accused, who was arrested and remanded to judicial custody on 19.03.2025 for the offences punishable under Sections 8(c) r/w 20(b)(ii)(c), 29(1) and 25 of NDPS Act, 1985 in Crime No. 176 of 2025 on the file of the respondent police, seeks bail.

¶2The case of the prosecution is that on 19.03.2025, the petitioner/A6 and other accused were in illegal joint possession of 24 kg of ganja. 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. He would further submit that no contraband was recovered from this petitioner and all the contraband was recovered from A1 to A3 only. He would further submit that he has been arrested and remanded to judicial custody on 19.03.2025. Therefore, prayed to grant bail for the petitioner.

¶4The learned Additional Public Prosecutor appearing for the respondent would admit that no contraband was recovered from this petitioner and all the contraband was recovered from A1 to A3 only and the petitioner has five previous cases under IPC offences. He would further submit that the investigation is pending and the offences are grave in nature and hence, he strongly opposed to grant bail to the petitioner.

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

¶6Considering the rival submissions made by the learned counsel on either side, nature of offence, and considering the facts that though the quantity of contraband involved in this case is a commercial quantity, the entire contraband was recovered from A1 to A3 and no any contraband was recovered from this petitioner and even according ot the prosecution, this petitioner only handed over the cellphone to the Investigating Officer and no previous case is pending against the petitioner in similar nature and also considering the period of incarceration undergone by the petitioner, this Court is inclined to grant bail to the petitioner subject to the following conditions: [a] Accordingly, the petitioner is ordered to be released on bail on condition to 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 Additional District Judge/Presiding Officer, Principal Special Court for EC and NDPS Cases, Madurai, and on further conditions that: [b] the petitioner shall report before the learned Additional District Judge/Presiding Officer, Principal Special Court for EC and NDPS Cases, Madurai, on all working days at 10.30 a.m. and 5.00 p.m., until further orders; [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 5560]. [g] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 BNS.

(P D B J)

30.03.2026 apd (1/3)

To

1.The Additional District Judge/Presiding Officer, Principal Special Court for EC and NDPS Cases, Madurai

2.The Inspector of Police, Thirunagar Police Station Madurai.

¶3The Superintendent, Central Prison, Madurai.

4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. CRLeOP(MD).eNo.e13475eofe2025 oooooP.oDHANABAL,oJ oooooooooooooooooooooooooooooooooooooooooooooapd oooooooooooooooooooooooooooooooooooORDER oooooooooooooooooooooooooooooooooooooIN oooooooooooooooooooooooooCRLoOP(MD)oNo.o13475oofo2025 ooooooooooooooooooooooooooooooDateoo:o30.03.2026 (1/3)