Muniyasamy v. State Of Tamilnadu Rep By Sub - Inspector Of Police, Sayalkudi

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 09.03.02026

CORAM

The HONOURABLE MR.JUSTICE.K.K.RAMAKRISHNAN CRL OP(MD)No.4924 of 2026 Muniyasamy ... Petitioner Vs.

The State rep by The Sub Inspector of Police, Sayalkudi Police Station, Ramanathapuram.

(Crime No.41 of 2026) ... Respondent PRAYER:- This petition has been filed under Secton 483 of BNSS to enlarge the petitioner/Sole Accused on bail in connection with crime No.41 of 2026 on the file of the Respondent Police.

For Petitioner : Mr.V.Palpandi For Respondent : Mr.B.Nambi Selvam Additional Public Prosecutor 1/6

ORDER:

The petitioner/ Sole Accused, who was arrested and remanded to judicial custody on 31.01.2026 for the offences punishable under Sections 8(c), 20(b) (ii) (B), of NDPS Act, in Crime No.41 of 2026, on the file of the respondent police, seeks bail.

2.The case of the prosecution is that on 31.01.2026 at about 07.30 a.m., the respondent police received secret information regarding the illegal possession of ganja. Acting upon the said information, the police proceeded to Kadugusanthai Thevar Statue located on the Sayalkudi-Ramanathapuram East Coastal Road. On noticing the presence of the police officials, the accused allegedly attempted to flee from the spot. However, the respondent police secured the accused and, upon search, found him in possession of a bag containing 1.150 kilograms of ganja. The police officials arrested the accused, seized the contraband, and registered a case in Crime No.41 of 2026.

3. The learned counsel for the petitioner submits that the petitioner is an innocent person and has not committed any offence as alleged by the prosecution. He would further submit that a false case has been foisted against 2/6

the petitioner due to the pendency of several cases against him. It is also submitted that the petitioner has been arrested and is in judicial custody from 31.01.2026 and is languishing in jail since then. He would further submit that the earlier prohibition cases registered against the petitioner have already been closed and, as on date, no case is pending against the petitioner. Therefore, the learned counsel prays that this Court may be pleased to grant bail to the petitioner.

4. The learned Additional Public Prosecutor appearing for the respondent police opposed the grant of bail on the ground that as many as 46 cases have been registered against the petitioner. Among them, 44 cases are prohibition cases and one case has been registered under the Tamil Nadu Open Places (Prevention of Disfigurement) Act. Therefore, he seeks dismissal of this bail petition.

5.Considering the facts and circumstances of the case and taking into account the period of incarceration of the petitioner from 31.01.2026, as well as the submission made by the learned counsel for the petitioner that the present case has been falsely foisted against him in view of the pendency of earlier cases, this Court is inclined to grant bail to the petitioner, subject to certain 3/6

conditions.

6. Accordingly, the petitioner is ordered to be released on bail, on executing 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 learned Additional District and Sessions Judge/Presiding officer Special Court for EC and NDPS Act, Pudukottai and on further conditions that, a)the sureties shall affix their photographs and left thumb impression in the surety bond and the Magistrate/concerned court may obtain a copy of their Aadhar card or Bank Pass Book to ensure their identity; b)the petitioner shall report before the respondent police daily at 10.30 a.m. until further orders;

c)the petitioner shall not tamper with evidence or witness; d)the petitioner shall not abscond during trial; e)On breach of any of the aforesaid conditions, the learned 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].

4/6

f) If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of BNS.

09.03.2026 sbn TO 1.The Additional District and Sessions Judge/ Presiding officer Special Court for EC and NDPS Act, Pudukottai 2.The District Jail, Ramanathapuram.

3.The Sub Inspector of Police, Sayalkudi Police Station, Ramanathapuram.

4.The Additional Public Prosecutor, Madurai Bench Of Madras High Court, Madurai.

5/6

K.K.RAMAKRISHNAN sbn Crl.O.P.(MD) No.4924 of 2026 Date : 09.03.2026 6/6