Akash Vs The State Represented by the Inspector of Police

PRAYER : Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioner on bail concerned in Crime No.125 of 2026 pending on the file of respondent.

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For Petitioner: Mr.N.Arun Kumar For Respondent: Mr.S.Yogaraja Sekar Counsel for Government of Tamil Nadu (Criminal Side)

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ORDER

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

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09.07.2026 for the alleged offences under Sections 8(c) r/w 20(b)(ii)(B), 25 and

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29(1) of NDPS Act, 1985 in Crime No.125 of 2026 on the file of the respondent police, seeks bail.

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https://www.mhc.tn.gov.in/judis

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CRL OP No. 20560 of 2026

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The case of the prosecution is that the petitioner was found to be in possession of 1.100 kg of ganja. Hence, the case.

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3. The 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 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.

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4. Per contra, the learned Government Advocate (Criminal Side) appearing for the Respondent Police reiterated the prosecution case and submitted that there are about 6 accused and this petitioner has been arrayed as A4 and has been incarcerated since 09.07.2026. He further submitted that the petitioner has no criminal antecedents. However, he opposed the grant of bail to the Petitioner.

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I have given my anxious consideration to either side submissions and perused the materials available on record.

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At this juncture, the learned counsel for the petitioner submitted that the petitioner, without prejudice to their defense and contention, on instruction, are ready and willing to deposit an amount of Rs.25,000/- (Rupees Twenty five

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https://www.mhc.tn.gov.in/judis

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CRL OP No. 20560 of 2026

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Thousand Only) as a non-refundable deposit to any welfare scheme of the Government or any other organization.

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Considering 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 upon the fact that the total recovery of contraband is 5.3 kg of ganja which being intermediate quantity and the recovery from this petitioner is only 1.100 kg of ganja. Considering the fact that the petitioner has been incarcerated since 09.07.2026, this Court is inclined to grant bail to the petitioner, subject to certain conditions.

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Accordingly, 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 Court-IV, Coimbatore, and on further conditions that:

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[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;

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(b) The petitioner is directed to make a non-refundable deposit of Rs.25,000/- [Rupees Twenty Five Rupees Only] towards the account of M/s.Patient Welfare Society,

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https://www.mhc.tn.gov.in/judis

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CRL OP No. 20560 of 2026

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Anayankadu Road, Vasantha Mill, Singanallur, maintained at Canara Bank, Singanallur Branch, No.2225, Trichy Road, Singanallur, Coimbatore District-641015, bearing SB Account No.110210036953, IFSC Code No.CNRB0016562, MICR No.641015100 and to produce the Bank challan before the concerned Magistrate and the receipt shall be produced at the time of executing the bond;

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[c] the petitioner shall report before the respondent police daily at 10.30 a.m., until further orders;

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[d] the petitioner shall not abscond either during investigation or trial;

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[e] the petitioner shall not tamper with the evidence or witness either during investigation or trial;

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[f] On breach of any of the aforementioned conditions,

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the learned Magistrate/Trial Court is entitled to pass appropriate orders against the petitioner in accordance with 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];

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[g] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S.

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30-07-2026

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SHL

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https://www.mhc.tn.gov.in/judis

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CRL OP No. 20560 of 2026

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Note:

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Registry is directed to forthwith upload this order in the Official Website of this Court.

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All 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.

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To:

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