Aktar Hosen v. The State Rep.By, the Inspector of Police,

ORDER The petitioners, who were arrested and remanded to judicial custody on

31.05.2026 for the alleged offences under Sections 8(c) r/w 20(b)(ii)(B) & 29(1) of NDPS Act in Crime No.253 of 2026 on the file of the respondent police, seek bail. Page2 of 5

¶2The case of the prosecution is that the petitioners were found to be in possession of 2.330 kg of ganja. Hence, the case.

¶3The learned counsel appearing for the petitioners submitted that the petitioners have been falsely implicated in the present case and that they have not committed any offence as alleged by the prosecution. He further submitted that the petitioners are ready to abide by any stringent conditions that may be imposed by this Court. Hence, he prays for grant of bail to the Petitioners.

¶4Per contra, the learned Government counsel (Criminal Side) appearing for the Respondent Police reiterated the prosecution case and submitted that the petitioners have been incarcerated since 31.05.20266, however, fairly conceded that the petitioners have no criminal antecedents. However, he opposed the grant of bail to the Petitioners.

¶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 counsel (Crl.Side); considering the totality of the circumstances and the fact that the quantity involved is an Page3 of 5 intermediate one and upon the further fact that the petitioners have no criminal antecedents, this Court is of the firm view that further incarceration of the petitioners for the investigation is not required. Hence, this Court is inclined to grant bail to the petitioners subject to certain conditions.

¶7Accordingly, the petitioners are ordered to be released on bail on their executing a separate bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) with two sureties each (among two sureties, one should be a blood surety and other should be a local surety), for a like sum to the satisfaction of the learned Judicial Magistrate No.III, Tiruppur, 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 petitioners shall report before the respondent police daily at 10.30 a.m., until further orders; [c] the petitioners shall not abscond either during investigation or trial; [d] the petitioners 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 petitioners in accordance with Page4 of 5 law as if the aforementioned 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)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. To:

¶1The Judicial Magistrate No.III, Tiruppur

¶2The Inspector of Police, Anupparpalayam Police Station, Tiruppur District.

¶3The Central Prison, Coimbatore

¶4The Public Prosecutor High Court of Madras CRLoOPoNo.o19392oofo2026 C.KUMARAPPANoJ. SHL CRLoOPoNo.o19392oofo2026 21-07-2026 Page5oofo5

Page1 of 5 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 21-07-2026 CORAM THE HON'BLE MR.JUSTICE C.KUMARAPPAN 1. Aktar Hosen 2. Arjun Mahto ..Petitioners Vs The State Rep.By, The Inspector of Police, Anupparpalayam Police Station, Tiruppur District. Crime No.253 of 2026 ..Respondent PRAYER : Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioners on bail pending investigation in Crime No.253 of 2026 on the file of the Inspector of Police, Anupparpalayam Police Station, Tiruppur District. For Petitioners: Mr.P.Thinesh For Respondent: Mr.S.Yogaraja Sekar Counsel for Government of Tamil Nadu (Criminal Side)