Mathan Mithran v. The State of Tamilnadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 20/08/2026 PRESENT The HONOURABLE MR. JUSTICE K.MURALI SHANKAR Mathan Mithran, S/o.Loganathan, No.32, Mariyamman Kovil Street, Mill Colony, Ramji Nagar, Tiruchirappalli East Taluk, Tiruchirappalli District.. ... Petitioner/Sole Accused Vs The State of Tamilnadu Rep By, The Inspector of Police, E.Pudur Police Station, Trichy District. Cr.No.192/2026.. ... Respondent/Complainant For Petitioner :Mr. N.Ratchaka, 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 Cr.No.192/2026 on the file of the respondent police. ORDER : The Court made the following order :- The petitioner/Sole Accused, who was arrested and remanded to judicial custody on 11.07.2026 for the alleged offence under Sections 8(c) r/w 20(b)(ii)(A) of NDPS Act, 1985, and Section 77 of JJ Act, 2015, in Crime No.192 of 2026 on the file of the respondent police, seeks bail.

¶2The case of the prosecution is that on 11.07.2026, based on the secret information, while the respondent Police was on surveillance near Saranathan College, Madurai to Trichy Highway, they found that the petitioner was in illegal possession of 120 grams of ganja and the same was recovered. Hence, the complaint has been registered.

¶3The learned counsel appearing for the petitioner would submit that the petitioner is innocent and he has not committed any such offence as alleged by the prosecution and he has been falsely implicated in this case. He would further submit that the petitioner is ready to abide by any stringent conditions that may be imposed by this Court. He would further submitted that the petitioner is incarceration from 11.07.2026 and the quantity involved in this case is a small quantity and Section 37 of the NDPS Act is not applicable to this case. Hence, he prayed for grant of bail to the petitioner.

¶4The learned Counsel for State of TN (Criminal Side) appearing for the respondent police reiterated the prosecution case and reported that the petitioner illegally trafficked 120 grams of Ganja. He further submitted that the petitioner has 10 previous cases, out of which, six cases are similar in nature for small and intermediate quantity. The investigation in this case is still pending. Hence, he opposed to grant bail to the petitioner.

¶5At this juncture, the learned counsel appearing for the petitioner would submit that the petitioner will file an undertaking affidavit that he will not indulge in any such offence in future before the concerned Judicial Magistrate at the time of furnishing the sureties.

6.Considering the facts and circumstances of the case and also the quantity recovered is a small quantity, that Section 37 of the NDPS Act is not applicable to this case and that the petitioner is in judicial custody from 11.07.2026, this Court is inclined to grant bail to the petitioner subject to the following conditions:

7.Accordingly, this Criminal Original Petition is allowed and 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 Sessions Judge, Mahila Court, Trichy, 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 petitioner shall file an undertaking affidavit that he will not indulge in any such offence in future, before the concerned Judicial Magistrate with necessary application. On filing of such undertaking affidavit, the concerned Judicial Magistrate shall accept the sureties;

(iii)the petitioner shall report before the respondent police daily at 10.30 a.m., until further orders;

(iv)the petitioner shall not tamper with evidence or witness;

(v)the petitioner shall not abscond during trial;

(vi)On breach of any of the aforesaid conditions, the learned Magistrate / Trial Court is entitled to take appropriate action against the petitioner in accordance with law as if the conditions have been imposed and the petitioner is 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].

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

(K M S J)

20.08.2026 VSG TO

1.The learned Sessions Judge, Mahila Court, Trichy.

¶2The Superintendent, District Prison, Trichy.

3.The Inspector of Police, E.Pudur Police Station, Trichy District.

¶4The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. K.MURALI SHANKAR,J., vsg ORDER IN CRL OP(MD) No.18069 of 2026 Date : 20/08/2026