Chandrasekaran v. State of Tamilnadu Rep by Inspector of Police, Sivakasi East

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 20/07/2026 PRESENT The HONOURABLE MR. JUSTICE K. RAJASEKAR

¶1Chandrasekaran, S/o.Paulsamy, No.1/399, Meenampatti, Sivakasi, Virudhunagar District..

¶2Mathavan, S/o.Chinnapitchai, No.1/397,North Street, Meenampatti, Sivakasi, Virudhunagar District.. ... petitioners/A1 & A2 Vs State of Tamilnadu Rep by, The Inspector of Police, Sivakasi East Police Station, Virudhunagar District, Crime No.344/2026. ... Respondent/Complainant For petitioners : Mr.Jagadeeshwaran R, 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.344/2026 on the file of the respondent police ORDER : The Court made the following order :- The petitioners/Accused Nos.1 & 2, who were arrested and remanded to judicial custody on 03.07.2026 for the alleged offence under Sections 8(c) and 20(b)(ii)(A) of NDPS Act, 1985 and Section 77 of JJ Act, in Crime No.344 of 2026 on the file of the respondent police, seek bail.

¶2The case of the prosecution is that the petitioners were found in illegal possession of 500 grams of Ganja for the purpose of selling the same to the school and college students. Hence, the complaint has been registered.

¶3The learned counsel appearing for the petitioners submitted that the petitioners are innocent and they have not committed any such offence as alleged by the prosecution and they have been falsely implicated in this case. He further submitted that the petitioners are ready to abide by any stringent conditions that may be imposed by this Court. He further submitted that the petitioners are incarceration from

03.07.2026 and the quantity involved in this case is a small quantity and Section 37 of the NDPS Act is not applicable to this case. Hence, he prayed for grant of bail to the petitioners.

¶4The learned Counsel for State of TN (Criminal Side) appearing for the respondent police reiterated the prosecution case and reported that the petitioners illegally trafficked 500 grams of Ganja. He further submitted that the petitioners have no previous cases. However, he opposed to grant bail to the petitioners.

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

¶6Considering the facts and circumstances of the case and the period of incarceration and they have no previous cases, quantity recovered is a small quantity and Section 37 of the NDPS Act is not applicable to this case, this Court is inclined to grant bail to the petitioners subject to certain conditions. [a] Accordingly, the petitioners are ordered to be released on bail on condition to execute a bond for a sum of Rs.20,000/- (Rupees Twenty Thousand only) each with two sureties each for a like sum to the satisfaction of the learned Judicial Magistrate No.II, Sivakasi, Virudhunagar, and on further conditions that: [b] the petitioners shall report before the learned Judicial Magistrate No.II, Sivakasi, Virudhunagar, on all working days at 10.30 a.m., for a period of three weeks. [c] the petitioners 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 petitioners shall not abscond either during investigation or trial; [e] the petitioners 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 petitioners in accordance with law as if the conditions have been imposed and the petitioners 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.

(K R S J)

20.07.2026 VSG TO

1.The learned Judicial Magistrate No.II, Sivakasi, Virudhunagar.

¶2The Superintendent, District Jail, Viruthunagar.

3.The Inspector of Police, Sivakasi East Police Station, Virudhunagar District,

¶4The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. K. RAJASEKAR,J., vsg ORDER IN CRL OP(MD) No.14825 of 2026 Date : 20/07/2026