Muthu Marisamy v. State of Tamilnadu Rep by Inspector of Police, Dindigul Town North

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 18/08/2026 PRESENT The HONOURABLE MR. JUSTICE K.MURALI SHANKAR

¶1Muthu Marisamy, S/o.Muruganantham, Kuppaimedu Back Side, Anjugamcolony, Athoor Taluk, Dindigul District..

¶2Saravanakumar, S/o.Selvaraj, Neithal Street, Aasha Theatre Road, Chinnalapatti, Athoor Taluk, Dindigul District.. ... Petitioners/Accused Nos.1 & 2 Vs State of Tamilnadu Rep by, The Inspector of Police, Dindigul Town North Police Station, Dindigul District, Crime No.0402/2026. ... Respondent/Complainant For Petitioners : Mr. G.Gururajasekar, 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.402 of 2026 on the file of the respondent police ORDER : The Court made the following order :- The petitioners/Accused Nos.1 and 2, who were arrested and remanded to judicial custody on 21.07.2026 for the alleged offence under Sections 8(c) r/w 20(b)(ii)(B), 25, 29(1) of NDPS Act, 1985 in Crime No.402 of 2026 on the file of the respondent police, seek bail.

¶2The case of the prosecution is that on 21.07.2026, based on the secret information, the respondent Police conducted a search near Dindigul GTN road at Soundarraja Mill Office, at that time, they found that the petitioners were in illegal possession of 1.200 kgs of Ganja. Hence, the complaint has been registered.

¶3The learned counsel appearing for the petitioners submitted that the petitioners are innocent and they have not committed any such offence as alleged by the prosecution and they have been falsely implicated in this case. He further submitted that the petitioners are ready to abide by any stringent conditions that may be imposed by this Court. He further submitted that the petitioners are incarceration from

21.07.2026 and the quantity involved in this case is a intermediate quantity and Section 37 of the NDPS Act is not applicable to this case. Hence, he prayed for grant of bail to the petitioners.

¶4The learned Counsel for State of TN (Criminal Side) appearing for the respondent police reiterated the prosecution case and reported that the petitioners illegally trafficked 1.200 kgs of Ganja. He further submitted that the petitioners have no previous cases. The investigation in this case is still pending. Hence, he opposed to grant bail to the petitioners.

5.Considering the facts and circumstances of the case, the fact that the quantity recovered is a intermediate quantity, that Section 37 of the NDPS Act is not applicable to this case and that period of incarceration undergone by the petitioners from 21.07.2026, this Court is inclined to grant bail to the petitioners subject to the following conditions:

6.Accordingly, this Criminal Original Petition is allowed and the petitioners are ordered to be released on bail on their executing a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) each with two sureties each for a like sum to the satisfaction of the learned Judicial Magistrate No.II, Dindigul, 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 petitioners shall report before the respondent Police daily at 10.30 a.m., until further orders;

(iii)the petitioners shall not tamper with evidence or witness;

(iv)the petitioners 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 petitioners in accordance with law as if the 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)AIR SCW 5560];

(vi)If the accused thereafter abscond, a fresh FIR can be registered under Section 269 BNS, 2023.

(K M S J)

18.08.2026 vsg TO

1.The learned Judicial Magistrate No.II, Dindigul.

¶2The Superintendent, Central Prison.

¶3The Inspector of Police, Dindigul Town North Police Station, Dindigul District

¶4The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. K.MURALI SHANKAR,J., vsg

ORDER IN CRL OP(MD) No.17816 of 2026 Date : 18/08/2026