Jeyakannan v. State Of Tamilnadu Rep By Inspector Of Police, Elayangudi
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 16/04/2026
CORAM
THE HONOURABLE MR. JUSTICE P. DHANABAL Jeyakannan ... Petitioner/Accused No.2 Vs The State of Tamilnadu Rep by, The Inspector of Police, Elayangudi Police Station, Sivagangai District.
Crime No.377/2025. ... Respondent/Complainant PRAYER :- For Bail in Crime No.377/2025 on the file of the respondent police For Petitioner : Antony Santhosh U, Advocate.
For Respondent : Mr.B.Nambi Selvan, Additional Public Prosecutor
ORDER
The petitioner / A2, who was arrested and remanded to judicial 1/6
custody on 26.11.2025 for the offences punishable under Sections 8(c) r/w 20(b)(ii)(C) and 29(1) of NDPS, Act, in Crime No.377 of 2025 on the file of the respondent police, seeks bail.
2. The case of the prosecution is that the petitioner on 25.11.2025, at about 09.30 p.m, on secret information, the respondent police went to the Thadiyamangalam Kanmai and they found the petitioner and A1 were found in illegal possession of 30 kg of ganja (each 15 kg). Hence the case.
3. The learned counsel appearing for the petitioner would submit that the petitioner is innocent and he was falsely implicated in this case and he has not committed any offence as alleged by the prosecution. He would further submit that the contraband recovered from the petitioner is only 15 kg and it does not come under the commercial quantity and separate mahazar has been prepared and he has been arrested and remanded to judicial custody on 26.11.2025. Therefore, prayed to grant bail for the petitioner.
4. The learned Additional Public Prosecutor appearing for the respondent strongly opposed to grant bail to the petitioner on the ground 2/6
that the petitioner and A1 found in illegal possession of 30 kg of ganja. Even though, recovery is also separately, the petitioner is having 5 previous cases. However, he fairly conceded that the cases pending against the petitioner are all IPC cases and the in that cases, he was released on bail.
5. This Court heard both sides and perused the materials available on record.
6. Considering the rival submissions made by the learned counsel on either side, nature of offence, and though the prosecution stated that the quantity involved in this case is a commercial quantity, even according to the prosecution case, 2 bags have been separately recovered from the two different persons and as far as the petitioner is concerned through separate mahazar, 15 kg of contraband was recovered and thereby, it is not a commercial quantity and the petitioner has no previous case for similar kind of offence and though the prosecution stated that the petitioner has 5 previous cases, all are IPC cases and in all cases, he was released on bail and also considering the period of incarceration 3/6
undergone by the petitioner, 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) with two sureties each for a like sum to the satisfaction of the Additional District and Session Judge/Presiding Officer Special Court for ECC and NDPS Act Cases, Pudukkottai, and on further conditions that:
[b] the petitioner shall report before the trial Court on all working days at 10.30 a.m and 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 4/6
such facts to the 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.
16.04.2026 dss P. DHANABAL,J dss TO 5/6
1.The Additional District and Session Judge/Presiding Officer Special Court for ECC and NDPS Act Cases, Pudukkottai, 2.The Inspector of Police, Elayangudi Police Station, Sivagangai District.
3. The Superintendent, District Prison, Ramnad.
4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
ORDER
IN CRL OP(MD) No.3849 of 2026 Date : 16/04/2026 6/6