Suresh Alias Suresh Gopi v. The State Of Tamil Nadu,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 09.03.2026

CORAM

THE HON'BLE MR.JUSTICE K.K.RAMAKRISHNAN CRL OP(MD)No.5056 of 2025 Suresh @ Suresh Gopi ... Petitioner/ Accused No.4 - VsThe State Represented by The Inspector of Police, Rayappanpatti Police Station, Theni District.

(Crime No.277 of 2024) ... Respondent/ Complainant Prayer: Criminal Original Petition filed under Section 483 of BNSS, 2023, to enlarge the petitioner/Accused No.4 on bail in connection with Crime No. 277 of 2024, dated 03.11.2024 on the file of the respondent police. For Petitioner : Mr.K.Dinesh For Respondent : Mr.B.Nambi Selvan Additional Public Prosecutor ORDER : The Court made the following order :- The petitioner/A4, who was arrested and remanded to judicial custody on 04.11.2024 for the offences punishable under Sections 8 (c ) r/w 20(b) 1/5

(ii) (C), 29 (1) and 25 of Narcotic Drugs and Psychotropic Substances Act, 1985, in Crime No.277 of 2024, on the file of the respondent police, seeks bail.

2. The case of the prosecution is that on 03.11.2024, at about 12:30 hours, based on secret information received by the Sub-Inspector of Police, the police party conducted a raid near the Narayanathevanpatti River Bridge on the Ulagamarathoppu side. At that time, the petitioner and other accused persons were found in a suspicious manner on a two-wheeler, each carrying a white bag. Upon identification by the secret informer, the accused were intercepted, and after completing the usual procedures, the respondent police searched the bags and was found that all the accused persons, including the petitioner, were in possession of 24 Kgs of Ganja. Hence, the case came to be registered.

3. The learned counsel for the petitioner submitted that only 4 kilograms of ganja were recovered from the petitioner and that there is no material to establish that he conspired with the other accused to carry or deal with the contraband; hence, Section 29 is not attracted. He further 2/5

submitted that the petitioner has no previous cases of a similar nature and has only one case under the IPC, which has already been disposed of. The petitioner has been in custody since 04.11.2024, and considering the period of incarceration, he seeks bail to the petitioner.

4. The learned Additional Public Prosecutor appearing for the respondent submitted that the petitioner's contention is incorrect, as all the five persons were the occupants of the vehicle and were found carrying 24 kilograms of ganja; hence, Section 29 gets attracted. He further submitted that the question of conspiracy is a matter for trial and that the mere absence of separate recovery is not a ground for granting bail. He also contended that the petitioner has not satisfied the requirements under Section 37 of the NDPS Act. Therefore, he strongly opposed the grant of bail to the petitioner.

5. Considering the gravity of the offence and the quantity of Ganja is commercial and also considering the fact that the petitioner has failed to satisfy the requirements under Section 37 of the NDPS Act, this Court is not inclined to grant bail to the petitioner.

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6. Accordingly, this Criminal Original Petition stands dismissed. (K K R K J) 09.03.2026 NCC : Yes / No Index : Yes / No Internet : Yes / No ebsi To

1. The Inspector of Police, Rayappanpatti Police Station, Theni District.

2. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

3. The Principal Special Court for Trial of Narcotic Drugs and Psychotropic Substances Act Cases, Madurai.

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K.K.RAMAKRISHNAN, J.

ebsi Order made in Crl.O.P(MD)No.5056 of 2025 09.03.2026 5/5