Pichaipandi v. The State Rep by the Inspector of Police

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

10.07.2026 for the alleged offences under Sections 8(c), 20(b)(ii)(B) & 29(1) of NDPS Act in Crime No.261 of 2026 on the file of the respondent police, seeks bail.

¶2The case of the prosecution is that the petitioners were found to be in Page2 of 5 possession of 1.750 kgs 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 Advocate (Criminal Side) appearing for the Respondent Police reiterated the prosecution case and submitted that A1/ 1st petitioner has five previous cases pending against him which includes two cases of similar nature and other cases under Arms Act and IPC respectively. He further submitted that A2/ 2nd petitioner has no criminal antecedents. However, opposed the grant of bail to the petitioners.

¶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 submission made by the learned Government Advocate (Crl.Side); considering the totality of the circumstances and considering the fact that there are five Page3 of 5 previous cases pending against A1/ 1st petitioner, this Court is not inclined to grant bail to the 1st petitioner and that there is no criminal antecedents against A2/ 2nd petitioner and the recovery is from A1 alone and considering the above facts and circumstances and the period of incarceration of the 2nd petitioner, this Court is of the view that further incarceration of the 2nd petitioner is not required. Hence, this Court is inclined to grant bail to the 2nd petitioner, subject to certain conditions.

¶7Accordingly, the 2nd 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, at Madukkarai, 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 2nd petitioner shall report before the respondent police everyday at 10.30 a.m., until further orders; [c] the 2nd petitioner shall not abscond either during investigation or trial; [d] the 2nd petitioner shall not tamper with the evidence or witness either during investigation or trial; Page4 of 5 [e] On breach of any of the aforementioned conditions, the learned Magistrate/Trial Court is entitled to pass appropriate orders against the 2nd petitioner in accordance with law as if the aforementioned conditions have been imposed and the 2nd 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. 20-08-2026 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 District Munsif Cum f Judicial Magistrate, at Madukkarai

¶2The Central Prison, Coimbatore

¶3The Inspector of Police, Chettipalayam Police Station, Coimbatore.

¶4The Public Prosecutor High Court of Madras CRLoOPoNo.o23284oofo2026 N.RAMESHoJ. SHL CRLoOPoNo.o23284oofo2026 20-08-2026 Page5oofo5

Page1 of 5 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 20-08-2026 CORAM THE HON'BLE MR.JUSTICE N.RAMESH 1. Pichaipandi 2. Velmurugan ..Petitioners Vs The State rep by The Inspector of Police Chettipalayam Police Station, Coimbatore (Cr.No.261 of 2026) ..Respondent PRAYER : Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioner on bail in the above in Cr.No.261 of 2026 on the file of the respondent. For Petitioners: Mr.S.Senthilvel For Respondent: Mr.M.M.I.Khaleel Government Advocate (Crl.Side)