Yowan v. State Of Tamilnadu Rep By Inspector Of Police, Vettaikaran Iruppu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 21.04.2026 PRESENT THE HONOURABLE MR. JUSTICE P. DHANABAL CRL OP(MD). No. 7070 of 2026 Yowan

...Petitioner

Vs State of Tamil Nadu rep. by The Inspector of Police, Vettaikaraniruppu Police Station, Nagapattinam District.

(Crime No.10 of 2026)

...Respondent/Complainant

For Petitioner : Mr.K.Dinesh Advocate.

For Respondent : Mr.B.Nambi Selvan Additional Public Prosecutor PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- For Bail in Cr.No. 10 of 2026 on the file of the respondent police. ORDER : The Court made the following order :- The petitioner / Accused, who was arrested and remanded to judicial custody on 13.01.2026 for the offences punishable under Sections 8(c), 20(b) (ii)(B), 25 and 29(1) of NDPS Act, 1985, in Crime No.10 of 2026 on the file of 1/6

the respondent police, seeks bail.

2. The case of the prosecution is that on 10.01.2026 at about 06.10 p.m., based on the secret information the respondent police went to the scene of occurrence. On seeing the police officials, the accused persons ran from that place. The police officials found 5 gunny bags containing the Ganja. Totally 219.770 kilograms of Ganja was recovered by them. 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. No recovery was made from this petitioner. He is the friend of A2. A4 in this case already released on anticipatory bail. Only based on the confession statement made by the coaccused, the petitioner was implicated in this case. Therefore, prayed to grant bail for the petitioner.

4. The learned Additional Public Prosecutor appearing for the respondent would submit that the offence are grave in nature. On the basis of the confession statement of the co-accused the petitioner was implicated in this case. On seeing the police officials all the accused were ran away from the 2/6

scene of occurrence. The quantity of contraband involved in this case is commercial quantity. Hence, he opposed the grant of bail to the petitioner. However, the petitioner has no previous case.

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, considering the nature of charges levelled against the petitioner, though the prosecution has stated that the contraband is commercial quantity, no contraband was recovered from this petitioner and the entire contraband were recovered from other accused, this petitioner was arrayed based on the confession statement of the co-accused the petitioner was implicated in this case, he is the friend of A2 and already this Court granted bail for similarly placed person, that the petitioner has no previous case, investigation is also pending, and considering the period of incarceration 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 3/6

Thousand only) with two sureties each for a like sum to the satisfaction of the learned Additional District Judge/Presiding Officer, Special Court under Essential Commodities Act, Thanjavur, and on further conditions that:

[b] the petitioner shall report before the trial Court namely Additional District Judge/Presiding Officer, Special Court under Essential Commodities Act, Thanjavur, at 10.30 a.m., on all working days, until further orders.

[c] the petitioner shall not commit any offence similar to the offence of which he/she is accused, or suspected, or of the commission of which he/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 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 4/6

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) 21.04.2026 TM To 1.The Additional District Judge/Presiding Officer, Special Court under Essential Commodities Act, Thanjavur.

2.The Inspector of Police, Vettaikaraniruppu Police Station, Nagapattinam District.

(Crime No.10 of 2026) 3.The Superintendent, District Jail, Nagapattinam. 4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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P. DHANABAL, J.

TM

ORDER

IN CRL OP(MD) No. 7070 of 2026 Date : 21.04.2026 6/6