Kabilan v. State of Tamilnadu Rep by Inspector of Police, Thirukkurungudi

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

... Petitioner/Sole Accused Vs State of Tamilnadu Rep by, The Inspector of Police, Thirukkurungudi Police Station, Tirunelveli District. Crime No.184 of 2026. ... Respondent/Complainant PRAYER :- For Bail in Crime No.184 of 2026 on the file of the Respondent Police. For Petitioner : Sivabalan K., Advocate. For Respondent : Mr.T.Lenin Kumar, Government Advocate (Crl.Side) ORDER : The Court made the following order :- The petitioner / Sole Accused, who was arrested and remanded to judicial custody on 25.05.2026, for the offences punishable under Sections 8(c) and 20(b)(ii)(B) of Narcotic Drugs and Psychotropic Substanes (NDPS) Act, 1985 and Section 77 of the Juvenile Justice Act, 2015, in Crime No.184 of 2026 on the file of the respondent police, seeks bail.

¶2The case of the prosecution is that the accused found in possession of 840 grams of ganja and 310 grams of Chocolates (allegedly infused/contraband) with an intention to sell the same to the general public. Hence, the FIR has been registered by the respondent police.

¶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 the contraband involved in this case is not commercial quantity. Hence, Section 37 of the NDPS Act is not applicable to this case. He is in custody from 25.05.2026 and ready to abide any condition imposed by this Court. Hence, he prayed bail for the petitioner.

¶4The learned Counsel appearing for the State reiterated the prosecution case and reported that the investigation in this case is still pending. If he is released out of bail, again he will indulge in similar activities. 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, nature of offences, that the petitioner has no previous case, the quantity involved in this case is not commercial quantity, hence, Section 37 of the NDPS Act will not applicable to this case, and also considering the period of incarceration, 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, Principal Special Court for EC & NDPS Act Cases, Madurai, and on further conditions that: [b] the petitioner shall report before the jurisdictional Magistrate at 10.30 a.m., on all working days, for a period of three 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.

29.07.2026 dss To

1.The Additional District Judge, Principal Special Court for EC & NDPS Act Cases, Madurai,

2.The Inspector of Police, Thirukkurungudi Police Station, Tirunelveli District.

3.The Superintendent, Central Prison, Palayamkottai.

4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. CRLoOP(MD).oNo.15751oofo2026 ooooooooooooooooooooooooooooooooK.oRAJASEKAR,J ooooooooooooooooooooooooooooooooooooooooodss oooooooooooooooooooooooooooooooooooORDER oooooooooooooooooooooooooooooooooooooIN oooooooooooooooooooooooooCRLoOP(MD)oNo.15751oofo2026 ooooooooooooooooooooooooooooooDateoo:o29/07/2026