R. Vishwa v. The State Of Tamilnadu Rep. By

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 16.04.2026 PRESENT THE HONOURABLE MR. JUSTICE P. DHANABAL R.Vishwa

...Petitioner/Accused No.9

Vs State of Tamil Nadu rep. by The Inspector of Police, PEW-Madurai City, Madurai City, (Crime No.196 of 2025)

...Respondent/Complainant

For Petitioner : Mr.R.Vignesh For Respondent : Mr.B.Nambi Selvan Additional Public Prosecutor PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- For Bail in Cr.No. 196 of 2025 on the file of the respondent police.

ORDER : The Court made the following order :- The petitioner /A9, who was arrested and remanded to judicial custody on 20.08.2025 for 1/8

the offences punishable under Sections 8(c) r/w 20(b)(ii)(C), 25 and 29(1) of NDPS Act, 1985, in Crime No.196 of 2025 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that on 24.08.2025 at about 06.30 a.m, the respondent police received the secret information regarding the transportation of Ganja in a auto bearing Registration No.TN 58 V 2709 near Azhagappan Railway Gate, Madurai. Thereafter, the respondent Police arrived at the alleged occurrence at about 07.30 a.m., where the respondent caught A1 to A4 with illegal possession of 22 kgs of Ganja. Hence, the case.

3. The learned counsel for the petitioner would contend that the respondent police have registered a false case against the petitioner for the offences punishable under Sections 8(c) 2/8

r/w 20(b)(ii)(C), 25 and 29(1) of NDPS Act, 1985. The petitioner is an innocent and he is nothing to do with the alleged offences. He would further contend that the no contraband was recovered from the petitioner and based on the confession of A1 to A4, he has been arrayed as A9. He is in judicial custody from 20.08.2025. Therefore prayed to grant bail to the petitioner.

4. The learned Additional Public Prosecutor appearing for the respondent would submit that the accused was found in illegal possession of 22 kgs of Ganja. He would further submit that the petitioner has 4 previous cases, which are registered under IPC, except for one case registered under the NDPS Act. He would further submit that the investigation is still pending and hence, he strongly opposed to grant bail to the petitioner.

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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 no contraband was recovered from the petitioner and based on the confession of A1 to A4, he has been arrayed as A9 and though the petitioner has four previous cases, in all cases the petitioner was granted 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) with two sureties each for a like sum to 4/8

the satisfaction of the learned Principal Special Court for EC & NDPS Act Cases, Madurai, and on further conditions that:

[b] the petitioner shall report before the learned Principal Special Court for EC & NDPS Act Cases, Madurai, 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 such facts to the Court or to any police officer or tamper 5/8

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) 16.04.2026 vsg 6/8

To 1.Thelearned Principal Special Court for EC & NDPS Act Cases, Madurai, 2.The Superintendent, Central Prison, Madurai.

3.The Inspector of Police, PEW-Madurai City, Madurai City, 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. 6437 of 2026 Date : 16.04.2026 8/8