Bruno Clington v. State Of Tamilnadu Rep By Inspector Of Police, Uchipuli

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 05/06/2026 PRESENT The HONOURABLE MR. JUSTICE P. DHANABAL Bruno Clington ... Petitioner/Accused Vs State of Tamilnadu Rep by Inspector of Police, Uchipuli Police Station, Ramanathapuram District.

Crime No.87 of 2026.

... Respondent/Complainant For Petitioner : M/s.R.Jothiraj For Respondent : Mr.G.Ganesh Kumar, Government Advocate (Crl.Side) PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- For Bail in Crime no.87 of 2026 on the file of the Respondent Police. 1/7

ORDER : The Court made the following order :- The petitioner / Accused, who was arrested and remanded to judicial custody on 30.03.2026 for the offences punishable under Section 8(c) r/w 20(b)(ii)(C) of NDPS Act, 1985 in Crime No. 87 of 2026 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that based on the secret information, on 30.03.2026, when the respondents police were conducted a raid near Ariyaman Kadarkarai Meenvar Valai Ularthum Government Building, they found that the petitioner and other accused were in illegal joint possession of 22.700 kgs 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. Recovery of contraband was not made from the petitioner. He would further submit that he has been arrested and remanded to judicial custody on 30.03.2026. Therefore, prayed to grant bail for the petitioner.

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4. The learned Government Advocate (Crl.Side) appearing for the respondent would submit that the petitioner and other accused were found in illegal possession of 22.700 kgs of ganja, which is a commercial quantity. He would further submit that though the petitioner has no previous case, considering the nature of grave offence, 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, nature of offence, and the fact that as per prosecution, though the alleged quantity of contraband in this case is of commercial quantity, there is no specific averment as to from whom the contraband were recovered. More over, in this case there are three accused involved. However, the recovery mahazar shows that three boxes were recovered from two persons, there is no whisper about the involvement of another accused. Considering further that the petitioner 3/7

has no previous case as well as 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, this Criminal Original Petition is allowed and 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 learned Additional District and Sessions Judge, Special Court for EC and NDPS Cases, Pudukottai, and on further conditions that:

[b] the petitioner shall report before the respondent Police daily at 10.30 a.m., until further orders; [c] the petitioner shall not commit any offence similar to the offence of which he is accused, or suspected, or of the commission of which he is suspected;

[d] the petitioner shall not abscond either during investigation or trial;

[e] the petitioner shall not directly or indirectly make 4/7

any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him 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) 05.06.2026 PNM 5/7

TO

1. The Additional District and Sessions Judge, Special Court for EC and NDPS Cases, Pudukottai

2. Do-Through The Chief Judicial Magistrate, Pudukottai District.

3. The Superintendent, Sub Jail, Ramanathapuram.

4. The Inspector of Police, Uchipuli Police Station, Ramanathapuram District.

5. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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P. DHANABAL,J PNM

ORDER

IN CRL OP(MD) No.7679 of 2026 Date : 05/06/2026 7/7