CRL OP/9127/2026 of Vimal Raj Vs State rep by The Inspector of Police

Crl.O.P.No.9127 of 2026 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 27.04.2026 CORAM THE HONOURABLE MR. JUSTICE C.KUMARAPPAN Crl.O.P.No.9127 of 2026 1.Vimaj Raj 2.Rajkumar ... Petitioners Vs. The State Rep. By The Inspector of Police, Keelaiyur Police Station, Nagapattinam. Crime No.266 of 2025 ... Respondent PRAYER: Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, praying to enlarge the petitioners’ bail in the event of their arrest in Crime No.266 of 2025 pending investigation on the file of the respondent police. For Petitioners : Mr.R.Babu For Respondent : Mr.S.Vinoth Kumar, Government Advocate (Crl.Side) O R D E R The petitioners were arrested and remanded to judicial custody on 26.12.2025 for the alleged offence under Section 123 of the Bharatiya Nyaya Sanhita, 2023, and Sections 8(c), 20(b)(ii)(C), 29(1) and 25 of NDPS Ac t, 1985, in Crime No.266 of 2025 on the file of the respondent police, seeks bail. 1/4 https://www.mhc.tn.gov.in/judis Crl.O.P.No.9127 of 2026 2. The case of the prosecution is that there are totally nine accuse d and the petitioners are as arrayed as A2 and A4, and the total contraband involved in the case is 140 kgs of ganja. Hence, the case. 3. The learned counsel for the petitioners would submit that the petitioners, who are relatives, had come to Velankanni for Christma s and were travelling in a car, and that they are in no way connec ted with the alleged offence and have been falsely implicated in this case. He would further submit that the petitioners have been in custody since 26.12.2025 and are ready to abide by any stringent conditions that may be imposed by this Court. Hence, he prayed to grant bail to the petitioners. 4. The learned Government Advocate (Crl. Side) appearing for the respondent police reiterated the prosecution case and submitted that there are totally 9 accused in this case. He further submitted that 90 kgs of ganja were recovered from A1 and A2, and 50 kgs of ganja were recovered from A3 and A4 in a car. Thus, the total contraband involved in the case is140 kgs of ganja, which falls within the commercial quantity. He also su bmitted that the investigation is still pending. Hence, he opposed the grant of bail to t he petitioner. 2/4 https://www.mhc.tn.gov.in/judis Crl.O.P.No.9127 of 2026 5. Taking into consideration of the totality of the circumstances and the fact that the contraband involved in the case is 140 kgs of ganja, whi ch falls within the commercial quantity, the rigour of Section 37 of the ND PS Act operates against the petitioners. Hence, this Court is of the firm view that there are no extenuating circumstances in favour of the petitioners to grant bail. 6. Accordingly, this Criminal Original Petition stands dismissed. 27.04.2026 cda To 1.The District Munsif cum Judicial Magistrate, Kilvelur, Nagapattinam District. 2.The Inspector of Police, Keelaiyur Police Station, Nagapattinam. 3.The Public Prosecutor, High Court of Madras. 3/4 https://www.mhc.tn.gov.in/judis Crl.O.P.No.9127 of 2026 C.KUMARAPPAN, J. cda Crl.O.P.No.9127 of 2026 27.04.2026 4/4 https://www.mhc.tn.gov.in/judis