Madras High Court
Kesavan@Mani vs State Rep By on 20 May, 2026
CRL OP. No.12616 of 2026
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 20.05.2026
CORAM
THE HON'BLE MR.JUSTICE R.SAKTHIVEL
CRL.O.P.No.12616 of 2026
Kesavan @ Mani
S/o.Kumarasamy ... Petitioner / Accused No.4
Vs.
State represented by
The Inspector of Police
H6, R.K.Nagar Police Station
Chennai District
(Crime No.79 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 connection with the case in Crime No.79 of 2026
pending investigation on the file of the respondent police.
For Petitioner : Mr.R.Parthiban
For Respondent : Mr.L.Baskaran
Government Advocate (Criminal Side)
ORDER
This Criminal Original Petition has been filed by the petitioner on
12.05.2026 under Section 483 of Bharatiya Nagarik Suraksha Sanhita
(BNSS), 2023 praying to grant bail.
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CRL OP. No.12616 of 2026
2. The petitioner/accused No.4 was arrested and remanded to
judicial custody on 11.03.2026 for the alleged offences punishable under
Sections 8(c), 20(b)(ii)(B), 29(1) of the Narcotic Drugs and Psychotropic
Substances Act, 1985, in connection with Crime No.79 of 2026 on the file
of the respondent police.
3. The case of the prosecution is that on 11.03.2026, the petitioner along
with other accused persons, had entered into conspiracy for illicit
transportation and sale of contraband and they were found in possession
of 2 Kg of ganja for illicit transportation and sale. The accused were
subsequently arrested, and the contraband was seized. Hence, the case.
4. Mr.R.Parthiban, 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/A4
has been in judicial custody since 11.03.2026 and till date he has been
under incarceration. He further submits that the petitioner has been
arrayed as Accused No.4 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.
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CRL OP. No.12616 of 2026
5. Per contra, Mr.L.Baskaran, learned Government Advocate
(Criminal Side) appearing for the respondent-police, submits that the
respondent-police seized 2 kgs of ganja from the Accused persons. The
respondent-police, after following the Act and Rules, seized the Narcotics
/ contraband. He further submits that investigation is in initial stage and
accordingly, he prays for the dismissal of this petition.
6. Heard on both sides. This Court has perused the records.
7. Originally, the petitioner was arrayed as Accused No.4 in Crime
No.79 of 2026. The respondent police seized 2 kgs of ganja from the
accused persons. The petitioner has been in judicial custody since
11.03.2026.
8. Considering the quantity of Narcotic Drugs (Intermediate
quantity) involved in this case and also considering the period of
incarceration, 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:
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CRL OP. No.12616 of 2026
(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
Special Courts for Exclusive Trial cases under EC and NDPS Act,
Chennai 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 Special Courts
for Exclusive Trial cases under EC and NDPS Act, Chennai District, shall
obtain a copy of any one of 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 BNS, 2023.
(iv) The petitioner shall not commit an offence similar to the
offence of 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 him 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 Special Courts
for Exclusive Trial cases under EC and NDPS Act, Chennai District, on
all working days at 10.30 a.m. until further orders.
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CRL OP. No.12616 of 2026
(vii) The petitioner shall not leave Tamil Nadu without prior
permission of the Special Courts for Exclusive Trial cases under EC and
NDPS Act, Chennai District.
(viii) The petitioner shall appear and co-operate with the Special
Courts for Exclusive Trial cases under EC and NDPS Act, Chennai
District, for speedy disposal of the case.
(ix) The petitioner shall furnish his residential address and mobile
number to the Special Courts for Exclusive Trial cases under EC and
NDPS Act, Chennai District.
(x) On breach of any of the aforementioned conditions, the Special
Courts for Exclusive Trial cases under EC and NDPS Act, Chennai
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].
9. Accordingly, this Criminal Original Petition is allowed subject to
the conditions stated supra.
20.05.2026
nvi / kas
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CRL OP. No.12616 of 2026
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 Special Courts for Exclusive Trial
cases under EC and NDPS Act
Chennai District.
2.The Superintendent,
The Central Prison,
Puzhal, Chennai District.
3.The Inspector of Police,
H6, R.K.Nagar Police Station,
Chennai District
4. The Public Prosecutor,
High Court of Madras,
Chennai 600 104.
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CRL OP. No.12616 of 2026
R. SAKTHIVEL,J
nvi / kas
CRL.O.P.No.12616 of 2026
20.05.2026
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