Kumaresan v. The State of Tamilnadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 11/08/2026 PRESENT The HONOURABLE MR. JUSTICE K.MURALI SHANKAR Kumaresan, S/o.Ponmalai, No.2/485, Uppettai Servaikaran Patti, Melamattur, Virudhunagar District.. ... Petitioner/Accused No.1 Vs The State of Tamilnadu Rep By, The Inspector of Police, Amathur Police Station, Virudhunagar District. Cr.No.276 of 2026.. ... Respondent/Complainant For Petitioner : Mr.A.Manikandan, 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 Cr.No.276 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 29.07.2026 for the alleged offence under Sections 8(c), 20(b)(ii)(A) of NDPS Act, 1985 r/w Section 77 of JJ Act, 2015, in Crime No.276 of 2026 on the file of the respondent police, seeks bail.

¶2The case of the prosecution is that on 29.07.2026, at about 20.00 hours, based on the secret information, the respondent Police conducted a search near Uppodai Bus stop, at that time, they found that the petitioner along with other accused were in illegal possession of 500 gms of Ganja. Hence, the complaint has been registered.

¶3The learned counsel appearing for the petitioner submitted that the petitioner is innocent and he has not committed any such offence as alleged by the prosecution and he has been falsely implicated in this case. He further submitted that the petitioner is ready to abide by any stringent conditions that may be imposed by this Court. He further submitted that the petitioner is incarceration from 29.07.2026 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 petitioner.

¶4The learned Counsel for State of TN (Criminal Side) appearing for the respondent police reiterated the prosecution case and reported that the petitioner and other accused persons illegally trafficked 500 gms of Ganja. He further submitted that the petitioner has no previous cases. The investigation in this case is still pending. Hence, he opposed to grant bail to the petitioner.

5.Considering the facts and circumstances of the case particulars the fact that the quantity recovered is a small quantity, that Section 37 of the NDPS Act is not applicable to this case and that period of incarceration undergone by the petitioner from 29.07.2026, this Court is inclined to grant bail to the petitioner subject to the following conditions:

6.Accordingly, this Criminal Original Petition is allowed and the petitioner is ordered to be released on bail on his executing a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) with two sureties each for a like sum to the satisfaction of the learned Judicial Magistrate No.II, Virudhunagar District, and on further conditions that;

(i)the sureties shall affix their photographs and left thumb impression in the surety bond and the Magistrate/concerned court may obtain a copy of their Aadhar card or Bank Pass Book to ensure their identity;

(ii)the petitioner shall report before the respondent Police daily at 10.30 a.m., until further orders;

(iii)the petitioner shall not tamper with evidence or witness;

(iv)the petitioner shall not abscond during trial;

(v)On breach of any of the aforesaid conditions, the learned 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];

(vi)If the accused thereafter abscond, a fresh FIR can be registered under Section 269 BNS, 2023.

(K M S J)

11.08.2026 VSG TO

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

2.The Superintendent, District Jail, Virudhunagar District.

3.The Inspector of Police, Amathur Police Station, Virudhunagar District.

¶4The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. K.MURALI SHANKAR,J., vsg ORDER IN CRL OP(MD) No.17045 of 2026 Date : 11/08/2026