Sugumaran v. The State Of Tamilnadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 29/04/2026

CORAM

THE HONOURABLE MR. JUSTICE P. DHANABAL Sugumaran ... Petitioner/Accused No.3 Vs The State of Tamilnadu Rep By, The Inspector of Police, Chekkanurani Police Station, Madurai District.

Cr.No.398 of 2023. ... Respondent/Complainant PRAYER :- To enlarge the petitioner / accused on bail in C.C.No.138 of 2024 on the file of the Principal EC NDPS Court , Madurai and thus render justice.

For Petitioner : Santhosh Kumar C, Advocate.

For Respondent : Mr.B.Nambi Selvan, Additional Public Prosecutor ORDER : The Court made the following order :- The petitioner / Accused, who was arrested and remanded to 1/6

judicial custody on 28.10.2023 for the offences punishable under Sections 80 r/w 20(b)(iii)(C) and 29(1) of Narcotic Drugs and Psychotropic Substances Act, 1985, in Crime No.398 of 2023 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that on 28.10.2023, at about 06.00 p.m., when the respondent police were on patrol duty, they intercepted the car bearing Reg. No. TN-10-X-0526 and a two-wheeler TN-02BK-6239, which were coming from Solavanthan to Thirumangalam, and on search, they found that the petitioner and others were in illegal possession of 44 kg of ganja. 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 this is the sixth bail petition and the earlier petitions filed by the petitioner were dismissed by this Court on the ground that the petitioner was travelling in the vehicle, in which the contraband was transported. But, the petitioner travelled in the two 2/6

wheeler and no recovery was made from the two wheeler and he has been arrested and remanded to judicial custody on 28.10.2023. Therefore, prayed to grant bail for the petitioner.

4. The learned Additional Public Prosecutor appearing for the respondent would submit that this is the sixth bail petition and the earlier bail petitions filed by the petitioner were dismissed by this Court and there is no change of circumstances. Hence, he strongly opposed to grant bail to the petitioner.

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 and the nature of the offence, this Court already declined to grant bail to the petitioner on the ground that the petitioner was travelling in the vehicle in which the contraband was transported, and even though the petitioner travelled in the two wheeler, no contraband was recovered from the two wheeler, only in the car the contraband was recovered, and 3/6

the entire contraband was recovered from A1, A2 & A4, who were travelling in the car, and they also have already been secured, and this Court already directed the Trial Court to complete the trial as early as possible, but sofar the trial has not been concluded, and the petitioner is in custody from 28.10.2023 onwards, 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 Principal EC & NDPS Court, Madurai, and on further conditions that: [b] the petitioner shall report before the trial Court daily Morning at 10.30 a.m., and Evening at 05.30 p.m 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;

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[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 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) 29.04.2026 dss 5/6

P. DHANABAL,J DSS To 1.The Principal EC & NDPS Court, Madurai.

2.The Inspector of Police, Chekkanurani Police Station, Madurai District.

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

ORDER

IN CRL OP(MD) No.7846 of 2026 Date : 29/04/2026 6/6