J. Rooban v. State of Tamilnadu Rep by Inspector of Police, Usilampatti Taluk

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 13/08/2026 PRESENT The HONOURABLE MR. JUSTICE K.MURALI SHANKAR J. Rooban, S/o.Jeyaram, 1/38,North Street, Nakkalapatti Post, Poochipatti, Usilampatti Taluk, Madurai 625 532. ... Petitioner/Accused No.2 Vs State of Tamilnadu Rep by, The Inspector of Police, Usilampatti Taluk Police Station, Madurai District. Crime No.146/2026. ... Respondent/Complainant For Petitioner : Mr.Kannathasan C, 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.146 of 2026 on the file of the respondent police ORDER : The Court made the following order :- The petitioner/Accused No.2, who was arrested and remanded to judicial custody on 30.07.2026 for the alleged offence under Section 123 of BNS, 2023, and Section 8(c) r/w 20(b)(ii)(A), 22(a), 25 and 29(1) of NDPS Act, 1985 in Crime No.146 of 2026 on the file of the respondent police, seeks bail.

¶2The case of the prosecution is that on 30.07.2026, at about 07.00 a.m., based on the secret information, the respondent police proceeded along with her team at Nakkalapatti Burial ground and found that the petitioner and other accused were in illegal possession of 75 gms of Ganja, 73 numbers of Tydol 100 mgs tablets, 30 numbers of Alpramazolam 0.5 mg tablets, 10 numbers of Clonafit 0.25 mg tablets. Hence, the complaint has been registered.

¶3The learned counsel appearing for the petitioner submitted that the petitioner is innocent, that he has not committed any such offence as alleged by the prosecution and that 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 30.07.2026 and the quantity involved in this case is a small quantity and Section 37 of the NDPS Act is not applicable to this case. He further submitted that the recovery of the contraband from the petitioner was only tydol 100 mg tablets. 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 illegally trafficked 72 numbers of tydol 100 mg tablets. He further submitted that the petitioner has no previous case. 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 and also the fact that the contraband alleged to have been seized from the petitioner is not a scheduled drug under the NDPS Act and is stated to fall only under Schedule H drug of the Drugs and Cosmetics Rules, that the petitioner has no previous cases and that the petitioner is in judicial custody from

30.07.2026, 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 District Munsif Cum Judicial Magistrate Court No.I, Usilampatti, Madurai 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., for a period of 30 days and thereafter as and when required for interrogation;

(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)

13.08.2026 VSG TO

1.The learned District Munsif Cum Judicial Magistrate Court No.I, Usilampatti, Madurai District.

2.The Superintendent, District Prison, Theni, Theni District.

3.The Inspector of Police, Usilampatti Taluk Police Station, Madurai District.

¶4The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. K.MURALI SHANKAR,J., vsg ORDER IN CRL OP(MD) No.17341 of 2026 Date : 13/08/2026