Ragul v. The State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 15.04.2026 PRESENT THE HONOURABLE MR. JUSTICE P. DHANABAL Ragul ...Petitioner/Accused No.6 Vs State of Tamil Nadu rep. by The Inspector of Police, Prohibition Enforcement Wing, Madurai City.

(Crime No.188 of 2025)

...Respondent/Complainant

For Petitioner:Mr.D.Arun Kumar For Respondent:Mr.B.Nambi Selvan Additional Public Prosecutor PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- For Bail in Cr.No. 188 of 2025 on the file of the respondent police.

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ORDER : The Court made the following order :- The petitioner / A6, who was arrested and remanded to judicial custody on 20.08.2025 for the offences punishable under Sections 8(c) r/w 20(b)(ii)(B), 21(c) and 29(1) of NDPS Act, and 118(1) and 351(3) of BNS and Section 3(1) of TNPPDL Act, in Crime No.188 of 2025 on the file of the respondent police, seeks bail.

2.The case of the prosecution is that on 20.08.2025, at about 08.15 hours, based on the secret information received by the Sub Inspector of Police, he along with other police officials went to the Fish Market of Mattuthavani and found that A1 to A5 were in illegal possession of 10 mg of Nitrosun Tablet, 960 nos and 3kgs of ganja. Hence the case.

3. The learned counsel appearing for the petitioner would submit that the respondent 2/8

Police registered a case against the petitioner and others. He would further submit that only based on the confession of co-accused, the petitioner has been arrayed as A6. He would further submit that no contraband was recovered from this petitioner. Even as per the prosecution, the contraband was seized only from A1 to A5 and hence, the petitioner has not in conscious possession of contraband. Hence, he prayed to grant bail for the petitioner.

4. The learned Additional Public Prosecutor appearing for the respondent would submit that the petitioner has five previous cases and all the accused have been in conscious possession of the contraband and hence, he strongly opposed to grant bail to the petitioner.

5. This Court heard both sides and perused the materials available on record.

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6. Considering the rival submissions made by the learned counsel on either side, nature of offence, and only based on the confession of coaccused, the petitioner has been arrayed as accused and the contraband was not recovered from this petitioner, per contra entire contraband was recovered from A1 to A5, though the petitioner has five previous cases, the same are not similar kind of offence, in all cases, he was released on bail and also considering the period of incarceration undergone by the petitioner from 20.08.2025, this Court is inclined to grant bail to the petitioner subject to the following conditions:

[a] Accordingly, the petitioner is ordered to be released on bail on condition to execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) 4/8

with two sureties each for a like sum to the satisfaction of the learned Principal Special Court of NDPS Act Cases, Madurai, and on further conditions that:

[b] the petitioner shall report before the learned Principal Special Court of NDPS Act Cases, Madurai, on all working days Morning at 10.30 a.m., and Evening at 05.00 p.m., until further orders.

[c] the petitioner shall not commit any offence similar to the offence of which she is accused, or suspected, or of the commission of which she is suspected;

[d] the petitioner shall not abscond either during investigation or trial;

[e] 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 her from disclosing such facts to the 5/8

Court or to any police officer or tamper with the evidence;

[f] On breach of any of the aforesaid conditions, the learned Judicial Magistrate/Trial Court is entitled to take appropriate action against the petitioner in accordance with law as if the 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)AIR SCW 5560].

[g] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 BNS.

(P D B J) 15.04.2026 vsg 6/8

To 1.The learned Principal Special Court of NDPS Act Cases, Madurai.

2.The Inspector of Police, Prohibition Enforcement Wing, Madurai City.

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

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P. DHANABAL, J., vsg

ORDER

IN CRL OP(MD) No. 2288 of 2026 Date : 15.04.2026 8/8