Bharathi v. The State of Tamilnadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 29/07/2026 CORAM THE HONOURABLE MR. JUSTICE K. RAJASEKAR

¶1Bharathi

¶2Siranjeeve ... Petitioners/Accused No.2&3 Vs The State of Tamilnadu Rep By, The Inspector of Police, Tallakulam Police Station, Madurai District. Cr.No.332 of 2026. ... Respondent/Complainant PRAYER :-

For Bail in Cr.No.332 of 2026 on the file of the respondent police. For Petitioners : S.Meena, Advocate. For Respondent : Mr.T.Lenin Kumar, Government Advocate (Crl.Side) ORDER : The Court made the following order :- The petitioners/Accused No.1&2, who were arrested and remanded to judicial custody on 16.06.2026 for the alleged offence under Sections 8(c) r/w 20(b)(ii)(A) of Narcotic Drugs and Psychotropic Substances Act, 1985, and Section 77 of Juvenile Justice (Care and Protection of Children) Act, 2015, in Crime No.332 of 2026 on the file of the respondent police, seek bail.

¶2The case of the prosecution is that on 15.062026, at about 10.40 a.m, while the respondent Police were on surveillance duty at Balamanthiram Higher Secondary School, Visvanathapuram, Madurai, to prohibit the sale of illegal substances, they found that the petitioners were in illegal possession of 500 gms of Ganja. 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

16.06.2026 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 gms of Ganja. He further submitted that the first petitioner has 2 previous case and the second petitioner has no previous case. The investigation in this case is still pending. Hence, 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 quantity recovered is a small quantity and Section 37 of the NDPS Act is not applicable to this case and though the first petitioner has two previous cases, considering the the period of incarceration undergone by the petitioners from 16.062026 and the second petitioner has no previous 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, Madurai, and on further conditions that: [b] the petitioners shall report before the respondent Police daily at 10.30 a.m., for a period of four weeks and thereafter, as and when required for interrogation. [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.

29.07.2026 dss TO

1.The Judicial Magistrate No.II, Madurai.

2.The Superintendent, Central Prison, Madurai.

3.The Inspector of Police, Tallakulam Police Station, Madurai District.

¶4The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. CRLoOP(MD).oNo.15761oofo2026 ooooooooooooooooooooooooooooooooK.oRAJASEKAR,J oooooooooooooooooooooooooooooooodss oooooooooooooooooooooooooooooooooooORDER oooooooooooooooooooooooooooooooooooooIN oooooooooooooooooooooooooCRLoOP(MD)oNo.15761oofo2026 ooooooooooooooooooooooooooooooDateoo:o29/07/2026