B.Sanjay v. The State Rep by the Inspector of Police

ORDER The petitioner, who was arrested and remanded to judicial custody on

28.03.2025 for the alleged offence under Section 8(c), 20(b)(ii)(B) of the NDPS Act, 1985 in Crime No.238 of 2026 on the file of the respondent police, seeks bail. Page2 of 5

¶2The case of the prosecution is that the petitioner was found to be in possession of 1.150 kg of ganja. 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 co-accused has already been released on bail in Crl.OP.No.22850 of 2026. He further submitted that the petitioner is ready to abide by any stringent conditions that may be imposed by this Court. 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 the petitioner has been incarcerated since 28.03.2025, however fairly conceded that the petitioner has no criminal antecedents. However, he opposed the grant of bail to the Petitioner.

¶5Heard the learned counsel appearing for the petitioner, the learned Government Advocate (Crl.Side) for the respondent Police and perused the materials available on record.

¶6Considering the facts and circumstances of the case; taking note of the Page3 of 5 submission made by the learned Government Advocate (Crl.Side); considering the totality of the circumstances and the period of incarceration of the petitioner since 28.03.2025 and that the quantity involved is an intermediate quantity, 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.No.II, Kallakuruchi, 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 report before the respondent police 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 Page4 of 5 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. 19-08-2026 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.II, Kallakuruchi.

¶2The Sub-Jail, Vedampattu, Villupuram The Inspector of Police Tiyagadurugam Police Station, Kallakuruchi District.

¶4The Public Prosecutor, High Court of Madras. CRLoOPoNo.o23094oofo2026 N.RAMESH,oJ. SHL CRLoOPoNo.o23094oofo2026 19-08-2026 Page5oofo5

Page1 of 5 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 19-08-2026 CORAM THE HON'BLE MR.JUSTICE N.RAMESH B.Sanjay ..Petitioner Vs The State Rep by The Inspector of Police Tiyagadurugam Police Station, Kallakuruchi District. Crime No.238 of 2026. ..Respondent PRAYER : Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioner on bail pending investigation in Crime No.238 of 2026 on the file of the respondent police. For Petitioner: Mr.R.Vivekananthan For Respondent: Mr.M.M.I.Khaleel Government Advocate (Crl.Side)