Madras High Court
Raja@Sottaiyan Rajan vs State Rep By The Inspector Of Police on 21 May, 2026
CRL OP. No.13648 of 2026
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 21.05.2026
PRESENT
THE HON'BLE MR.JUSTICE R.SAKTHIVEL
CRL.O.P.No.13648 of 2026
Raja @ Sottaiyan Rajan
S/o.Arumugam,
No.80, New Sunnambu Soolai Kugai,
Erumapalayam Road
Salem-636 015. ... Petitioner / Sole Accused
Vs.
State Rep. By
The Inspector of Police
Kitchipalayam Police Station
Salem District
(Crime No.84 of 2026) ... Respondent / Complainant
PRAYER: Criminal Original Petition filed under Section 483 of the
Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 praying to grant bail
to the petitioner in Crime No.84 of 2026 on the file of the respondent
police.
For Petitioner : Mr.A.Murali
For Respondent : Mr.V.Meganathan
Government Advocate (Criminal Side)
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CRL OP. No.13648 of 2026
ORDER
This Criminal Original Petition has been filed by the petitioner on
19.05.2026 under Section 483 of Bharatiya Nagarik Suraksha Sanhita
(BNSS), 2023 praying to grant bail.
2. The petitioner/sole accused was arrested and remanded to
judicial custody on 28.03.2026 for the alleged offences punishable under
Sections 8(C), 20(ii)(B), 25 of the Narcotic Drugs and Psychotropic
Substances Act, 1985 in connection with Crime No.84 of 2026 on the file
of the respondent police.
3. The case of the prosecution is that on 28.03.2026 at about 11.00
am, the petitioner/sole accused had entered into conspiracy for illicit
transportation and sale of contraband and he was found in possession of
3.500 Kgs of ganja for sale and the same was seized by the respondent
police. Hence, the case.
4. Mr.A.Murali, learned counsel for the petitioner, submits that the
petitioner is an innocent person and he has not committed any offence as
alleged by the prosecution. He further submits that the petitioner/sole
accused has been in judicial custody since 28.03.2026 and till date, he has
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CRL OP. No.13648 of 2026
been under incarceration. He further submits that the petitioner has been
arrayed as sole accused in this case and no contraband was recovered
from the petitioner. The petitioner has permanent residence and
accordingly, he prays to grant bail to the petitioner.
5. Per contra, Mr.V.Meganathan, learned Government Advocate
(Criminal Side) appearing for the respondent-police, submits that the
respondent-police seized 3.500 Kgs of ganja from the sole accused. The
respondent-police, after following the Act and Rules, seized the
Narcotics/contraband. He further submits that investigation is in crucial
stage and accordingly, he prays for the dismissal of this petition.
6. Heard on both sides. This Court has perused the records.
7. The petitioner is arrayed as sole accused in Crime No. 84 of
2026. The respondent police seized 3.500 Kgs of ganja from the accused
person. The petitioner has been in judicial custody since 28.03.2026.
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CRL OP. No.13648 of 2026
8. Considering the quantity of Narcotic Drugs (Intermediate
quantity) involved in this case; considering the period of incarceration,
no previous case similar in nature against the petitioner, the fact that the
petitioner is a daily wage labourer, and with a view to give one more
opportunity to the petitioner to reform, this Court is of the view that
further custody of the petitioner may not require. Therefore, this Court is
inclined to enlarge the petitioner on bail, however, subject to certain
conditions. Accordingly, bail is granted to the petitioner subject to the
following conditions:
(i) The petitioner shall execute a bond for Rs.10,000/- (Rupees Ten
Thousand Only) along with two sureties each for a like sum of
Rs.10,000/- (Rupees Ten Thousand Only) to the satisfaction of the
learned Judicial Magistrate Court No.II, Salem District.
(ii) The sureties shall affix their photographs and left thumb
impression in the Application for Suretyship [Judicial Form No.46
annexed to ‘The Criminal Rules of Practice, 2019’]. The learned Judicial
Magistrate Court No.II, Salem District, shall obtain a copy of any one of
their identity proofs to ensure their identity.
(iii) The petitioner shall attend in accordance with the conditions of
the bond to be executed under Chapter XXXV of BNSS, 2023.
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CRL OP. No.13648 of 2026
(iv) The petitioner shall not commit an offence similar to the
offence of which he is accused, or suspected, of the commission of which
he is suspected.
(v) The petitioner shall not directly or indirectly make any
inducement, threat or promise to any person acquainted with the facts of
the case so as to dissuade them from disclosing such facts to the Court or
to any police officer or tamper with the evidence.
(vi) The petitioner shall appear and sign before the respondent
police on all working days at 10.00 a.m. until further orders.
(vii) The petitioner shall not leave Tamil Nadu without prior
permission of the Trial Court.
(viii) The petitioner shall appear and co-operate with the Trial
Court for speedy disposal of the case.
(ix) The petitioner shall furnish his residential address and mobile
number to the learned Judicial Magistrate Court No.II, Salem District.
(x) On breach of any of the aforementioned conditions, the learned
Judicial Magistrate Court No.II, Salem District, is entitled to pass
appropriate orders against the petitioner in accordance with law as if the
aforementioned conditions are imposed by them 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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CRL OP. No.13648 of 2026
9. Accordingly, this Criminal Original Petition is allowed subject to
the conditions stated supra.
21.05.2026
MSM
Note:-
1. Registry is directed to forthwith upload
this order in the official website of this Court.
2. 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
official website of this Court will be
watermarked and will also have a QR code.
To
1. The Judicial Magistrate Court No.II,
Salem District.
2.The Superintendent,
Central Prison,
Salem District.
3.The Inspector of Police
Kitchipalayam Police Station
Salem District.
4. The Public Prosecutor,
High Court of Madras,
Chennai 600 104.
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CRL OP. No.13648 of 2026
R. SAKTHIVEL,J
MSM
Order made in
CRL.O.P.No.13648 of 2026
21.05.2026
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