SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2026 Supreme(Online)(Mad) 18877

IN THE HIGH COURT OF JUDICATURE AT MADRAS
C.KUMARAPPAN, J
Rajkumar – Appellant
Versus
The State rep. By The Inspector of Police, T-17, Perumbakkam Police Station, Tambaram. – Respondent
Criminal Original Petition | Crime No.27 of 2026



Advocates:
For the Appellants/Petitioners: Mr.K.Mohan Raj
For the Respondents:Mr.S.Vinoth Kumar, Government Advocate (Crl.Side)

The court emphasized the importance of evaluating the risk of re-offending when considering bail in cases involving serious criminal charges.

Headnote:This judgment pertains to a Criminal Original Petition filed under Section 483 of BNSS, 2023, wherein the petitioner, arrested for alleged NDPS Act violations, sought bail. The prosecution asserted possession of a commercial quantity of ganja, further noting the petitioner's previous criminal cases. The court, considering potential misuse of liberty if granted bail, ultimately concluded to dismiss the petition. The pivotal issue framed involved the risk of recurrence of offending behavior in light of the petitioner's criminal history.

Table of Content
1. petitioner arrested for ndps act violations. (Para 1 , 2)
2. arguments for and against bail are presented. (Para 3 , 4)
3. court's concerns regarding misuse of bail. (Para 5 , 6)

ORDER

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

26.01.2026 for the alleged offences under Section 8(c) read with Sections 20(b) (ii)(B) and 29(1) of the NDPS Act, in Crime No.27 of 2026 on the file of the respondent police, seeks bail.

2. It is the case of the prosecution that the petitioner, along with the co-accused were found in possession of 1.20 kilograms of ganja. Hence, the case.

3. The learned counsel for the petitioner would submit that the petitioner is innocent and that the contraband seized is of commercial quantity. He would further submit that the co-accused has already been granted bail and therefore prayed for the grant of bail to the petitioner.

4. The learned Government Advocate (Crl. Side) appearing for the respondent, while opposing the grant of bail to the petitioner, submitted that there are seven previous cases pending against the petitioner. It was further submitted that if the petitioner is enlarged on bail, there is every possibility of the petitioner misusing the liberty granted by this Court.

5. I have given anxious consideration to the submissions made by the learned counsel on either side.

6. Though the petitioner has been in judicial custody since 26.01.2026, in view of the fact that there are seven previous cases pending against the petitioner, as rightly contended by the learned Government Advocate (Crl. Side), there is every possibility of the petitioner misusing the liberty granted by this Court if enlarged on bail. Therefore, this Court is not inclined to grant bail to the petitioner at this stage.

7. Accordingly, the Criminal Original Petition is dismissed.

Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon Back to top