Madras High Court
Lokeshvaran vs The State Of Tamil Nadu Rep By Inspector … on 20 May, 2026
CRL OP No. 9321 of 2026
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 20-05-2026
CORAM
THE HON'BLE MR.JUSTICE R.SAKTHIVEL
CRL OP No. 9321 of 2026
Lokeshvaran,
S/o.Krishnakumar
..Petitioner(s) / A3
Vs
The State of Tamil Nadu rep by Inspector of Police
T-5, Vanagaram Police Station,
Chennai.
(Crime No.108/2026)
..Respondent(s)/
Complainant
PRAYER:- Criminal Original Petition filed under Section 483 of the Bharatiya
Nagarik Suraksha Sanhita (BNSS), 2023 praying to enlarge the petitioner on
bail in Crime No.108 of 2026 on the file of the respondent police.
For Petitioner(s): Mr.S.Ilamuhil
For Respondent(s): Mr.L.Baskaran,
Government Advocate (Crl. Side)
ORDER
This Criminal Original Petition has been filed by the petitioner on
07.04.2026 under Section 483 of Bharatiya Nagarik Suraksha Sanhita (BNSS)
praying to grant bail.
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CRL OP No. 9321 of 2026
2. The petitioner / A3 was arrested and remanded to judicial custody on
10.03.2026 for the alleged offences punishable under Sections8(c) r/w 20(b)(ii)
(A), 22(c) and 29(1) of the Narcotic Drugs and Psychotropic Substances Act,
1985 in Crime No.108 of 2026 on the file of the respondent police.
3. The case of the prosecution is that that this petitioner along with other
accused involving transportation, possession and seized 200 grams of OG Ganja
and 15 grams of MMDA ecstacy pill. Hence this case.
4. The 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 has been in judicial custody
since 10.03.2026. He further submits that the petitioner has been arrayed as
Accused No.3 in this case and no contraband was recovered from the petitioner.
He further submits that the petitioner was not involved in the commission of the
alleged offences. The petitioner has been arrayed as an accused only based on
the confession statement. He further submits that the petitioner is ready to abide
by any stringent conditions that may be imposed by this Court. He therefore
prays to grant bail to the petitioner.
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CRL OP No. 9321 of 2026
5. Per contra, Mr.L.Baskaran, learned Government Advocate (Criminal
Side) appearing for the respondent police, submits that that the respondent-
police seized 200 grams of OG ganja and 15 grams of MMDA ecstacy pill.
There is no previous case pending against the petitioner. The petitioner has not
satisfied the twin conditions stated under Sections 34 and 37 of the NDPS Act
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.3. The petitioner
has been in judicial custody since 10.03.2026.
8. Considering the facts and circumstances of the case, the overt act
alleged against the petitioner, the petitioner is the offender and also considering
the fact that only based on the confession statement of the co-accused, the
petitioner has been arrayed as an accused, this Court is of the view that the
petitioner has by-passed the rigours of Section 37 of NDPS Act. Hence, this
Court is inclined to grant bail to the petitioner, however, subject to certain
conditions. Accordingly, bail is granted to the petitioner subject to the following
conditions:
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CRL OP No. 9321 of 2026
(i) The petitioner shall execute a bond for Rs.25,000/- (Rupees Twenty
Five Thousand only) along with two sureties each for a like sum of Rs.25,000/-
(Rupees Twenty Five Thousand Only) to the satisfaction of the Principal
Special Court for Exclusive Trial of Cases under EC and NDPS Act, Chennai.
Among two sureties one shall be a blood surety.
(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 Principal Special Court for Exclusive
Trial of Cases under EC and NDPS Act, Chennai 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.
(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 learned Principal
Special Court for Exclusive Trial of Cases under EC and NDPS Act, Chennai
on all working days at 10.30 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 concerned Judge.
(x) On breach of any of the aforementioned conditions, the learned
Principal Special Court for Exclusive Trial of Cases under EC and NDPS Act,
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CRL OP No. 9321 of 2026
Chennai 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
RNA
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
the official website of this Court will be
watermarked and will also have a QR code.
To
1. The Principal Special Court for Exclusive Trial
of Cases under EC and NDPS Act,
Chennai.
2. The Superintendent of Prison,
Sub Jail, Poonamallee.
3. The Inspector of Police
T-5, Vanagaram Police Station,
Chennai.
4. The Public Prosecutor,
High Court, Madras.
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CRL OP No. 9321 of 2026
R.SAKTHIVEL, J.
RNA
CRL OP No. 9321 of 2026
20-05-2026
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