Gunaseelan v. The State Rep by Inspector of Police

ORDER Today (24.07.2026), the above matter is posted under the caption ''For Being Mentioned'' at the instance of the learned counsel for the petitioner.

2.The learned counsel for the petitioner has brought to the knowledge of this Court that the possession of Ganja is an intermediate quantity and while Page2 of 8 C.KUMARAPPAN J. GBI referring the relevant Section, it is inadvertently mentioned in the first paragraph of the order dated 21.07.2026 as Section 20(b)(ii)(A), instead of Section 20(b)(ii)(B). Hence, the Registry is directed to make necessary correction in the petition and order dated 21.07.2026 and issue fresh order dated

21.07.2026, after carrying out the above correction.

3.In other aspects, the order dated 21.07.2026 passed in this Criminal Original Petition shall remain intact and unaltered. 24-07-2026 GBI To:

¶1The Judicial Magistrate, Vanur

¶2The District Prison, Villupuram

¶3The Inspector of Police Auroville Police Station, Villupuram District.

¶4The Inspector of Police, Singampunari Police Station, Sivagangai District

¶5The Public Prosecutor, High Court of Madras. Page3 of 8 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 21-07-2026 CORAM THE HON'BLE MR.JUSTICE C.KUMARAPPAN Gunaseelan ..Petitioner Vs The State Rep by The Inspector of Police Auroville Police Station, Villupuram District. Crime No. 177/2026. ..Respondent PRAYER : Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioner on bail in Crime No.177 of 2026 on the file of respondent police. For Petitioner: Mr. Swamisubramanian For Respondent: Mr.S.Yogaraja Sekar Counsel for Government of Tamil Nadu (Criminal Side) ORDER The petitioner, who was arrested and remanded to judicial custody on

08.06.2026 for the alleged offence under Section 111(2) of BNS, 2023 r/w 27(1) of Arms Act, Section 3 & 4(a) of Explosives Act and sections 27(1), 8(c), 20(b)(ii)(A) under NDPS Act, 1985 in Crime No.177 of 2026 on the file of the Page4 of 8 respondent police, seeks bail.

¶2The case of the prosecution is that this is a case of attempt to retaliation. The respondent police recovered 5,500 grams of ganja, seven knives, a veechu aruval, a small quantity of Dvin thread, a small quantity of explosive substance, along with jalli stones and newspapers from the accused persons. Hence, the case

¶3The learned counsel appearing for the petitioner submitted that the petitioner has been falsely implicated in the present case and that he has not committed any offence as alleged by the prosecution. 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 there is no criminal antecedents against this petitioner. Hence, he prays for grant of bail to the Petitioner.

¶4Per contra, the learned Government Advocate (Criminal Side) appearing for the Respondent Police reiterated the prosecution case and submitted that there are about 15 accused and he vehemently objected the bail application on the ground that the respondent police recovered 5.5 kgs of ganja, 7 knives and one country made bomb from the accused, however, fairly conceded that as against this petitioner there is no criminal antecedents. However, he opposed the grant of bail to the Petitioner. Page5 of 8

¶5I have given my anxious consideration to either side submissions and perused the materials available on record.

¶6Considering the facts and circumstances of the case; taking note of the submission made by the learned Government Advocate (Crl.Side); considering the fact that the petitioner has no criminal antecedents and that he has been remanded in judicial custody since 08.06.2026 and that there is only limited overt act against this petitioner, this Court is of the firm view that further incarceration of the petitioner for the purpose of investigation is not required. Hence, this Court is inclined to grant bail to the petitioner, subject to certain conditions.

¶7Accordingly, 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, Vanur, and on further conditions that: [a] the sureties shall affix their photographs and Left Thumb Impression in the Application for Surety ship [Judicial Form No.46 annexed to 'The Criminal Rules of Practice, 2019']. The learned Magistrate shall obtain a copy of any one of the identity proofs to ensure their identity; [b] the petitioner shall stay at Sivagangai District and Page6 of 8 report before the Inspector of Police, Singampunari Police Station, Sivagangai District everyday at 10.30 a.m. until further orders; [c] the petitioner shall not abscond either during investigation or trial; [d] the petitioner shall not tamper with the evidence or witness either during investigation or trial; [e] On breach of any of the aforementioned conditions, the learned Magistrate/Trial Court is entitled to pass appropriate orders against the petitioner in accordance with law as if the aforementioned 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)13 SCC 283]; [f] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S. 21-07-2026 SHL Note:

¶1Registry is directed to forthwith upload this order in the Official Website of this Court.

¶2All concerned to act on this order being uploaded in Official Website of this Court without insisting on certified hard copies. To be noted, this order when uploaded in the official website of this Court will be watermarked and will also have a QR code. Page7 of 8 To:

¶1The Judicial Magistrate, Vanur

¶2The District Prison, Villupuram

¶3The Inspector of Police Auroville Police Station, Villupuram District.

¶4The Inspector of Police, Singampunari Police Station, Sivagangai District

¶5The Public Prosecutor, High Court of Madras. CRLoOPoNo.o19359oofo2026 C.KUMARAPPANoJ. SHL CRLoOPoNo.o19359oofo2026 21-07-2026 Page8oofo8

Page1 of 8 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 24-07-2026 CORAM THE HON'BLE MR.JUSTICE C.KUMARAPPAN Gunaseelan ..Petitioner Vs The State Rep by The Inspector of Police Auroville Police Station, Villupuram District. Crime No. 177/2026. ..Respondent PRAYER : Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioner on bail in Crime No.177 of 2026 on the file of respondent police. For Petitioner: Mr. Swamisubramanian For Respondent: Mr.S.Yogaraja Sekar Counsel for Government of Tamil Nadu (Criminal Side)