Korkka @ Sivamurugan v. The State Of Tamilnadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 03/07/2026

CORAM

THE HONOURABLE MR. JUSTICE K. RAJASEKAR Korkka @ Sivamurugan ... Petitioner/Sole Accused Vs The State of Tamilnadu Rep By, The Inspector of Police, Sayalkudi Police Station, Ramanathapuram District.

Cr.No.223 of 2026. ... Respondent/Complainant PRAYER :- For Bail in Cr.No.223 of 2026 on the file of the respondent police.

For Petitioner : C.Senthil Murugan, Advocate.

For Respondent : Mr.T.Lenin Kumar, Government Advocate (Crl.Side)

ORDER

The petitioner, who was arrested and remanded to judicial custody 1/6

on 13.06.2026 for the alleged offence under Sections 8(c) & 20(b)(ii)(B) of NDPS Act, in Crime No.223 of 2026 on the file of the respondent police, seeks bail.

2. The prosecution case is that on 13.06.2026 at about 07.00 a.m, when the respondent police were on surveillance near Kannirajapuram Rosma Seashore, they noticed that one person tried to fled away from the scene of occurrence on seeing them. However, they nabbed them and on searching, they found the accused was in possession of 1.900 kg of ganja. Hence, the present complaint has been registered.

3. The learned counsel appearing for the petitioner submitted that since the petitioner is having bad antecedents he has been falsely implicated in this case. He further submitted that the quantity involved in this case is not a commercial quantity. Hence, he prayed for grant of bail to the petitioner.

4. The learned Government Advocate (Criminal Side) appearing for the respondent police reiterated the prosecution case and reported that 2/6

the petitioner is having bad antecedents and he has got nearly 4 cases against him. Hence, he opposed to grant bail to the petitioner.

5. By way of reply, the learned counsel for the petitioner submitted that all the cases are not similar kind of offences and they are IPC offences and the same was admitted by the learned Government Advocate (Criminal Side).

6. I have gone through the FIR and also the connected materials.

7. Considering the nature of allegations against the petitioner, and also considering the facts that the quantity of contraband involved in this case, which is not a commercial quantity and considering the period of incarceration undergone by the petitioner and though the petitioner has 4 previous cases, all are IPC offences, this Court is inclined to grant bail to the petitioner subject to certain conditions.

7. Accordingly, the petitioner is ordered to be released on bail on his executing a bond for a sum of Rs.15,000/- (Rupees Fifteen 3/6

Thousand only) with two sureties, for a like sum to the satisfaction of the Additional District and Sessions Judge/Presiding Officer, Special Court for EC and NDPS Act Cases, Pudukottai, and on further conditions that:

[a] the sureties shall affix their photographs and Left Thumb Impression in the Application for Surety ship [Judicial Form No.46 annexed to 'The Criminal Rules of Practice, 2019']. The learned Magistrate shall obtain a copy of any one of the identity proofs to ensure their identity;

[b] the petitioner shall report before the respondent police daily at 10.30 a.m., for a period of three weeks and thereafter as and when required for interrogation;

[c] On breach of any of the aforementioned conditions, the learned Magistrate/Trial Court is entitled to pass appropriate orders against the petitioner in accordance with law as if the aforementioned conditions have been imposed and the petitioner released on bail by the learned Magistrate/Trial Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005)13 SCC 283];

4/6

[d] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S. 03.07.2026 dss To:

1. The Additional District and Sessions Judge/Presiding Officer, Special Court for EC and NDPS Act Cases, Pudukottai.

2. The Inspector of Police, Sayalkudi Police Station, Ramanathapuram District.

3.The Superintendent, District Prison, Ramanathapuram. 4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

5/6

K. RAJASEKAR,J DSS

ORDER

IN CRL OP(MD) No.13294 of 2026 Date : 03/07/2026 6/6