Sutharson v. The State Of Tamilnadu, Rep. By

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 09.06.2026 PRESENT THE HONOURABLE MR. JUSTICE P. DHANABAL Sutharson

...Petitioner/Accused

Vs The Deputy Superintendent of Police NIB-CID Police Station, Thoothukudi (Crime No. 21 of 2025)

...Respondent/Complainant

For Petitioner : Mr.SMA.Jinnah For Respondent : Mr.G.Ganesh Kumar Government Advocate (Crl.Side) PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- For Bail in Cr.No.21 of 2025 on the file of the respondent police. ORDER : The Court made the following order :- The petitioner / A1, who was arrested and remanded to judicial custody on 18.12.2025 for the offences punishable under Sections 8 (c), 1/6

20(b)(ii)(C), 25, 29(1) of NDPS Act in Crime No.21 of 2025 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that on 17.12.2025 at about 2300 hrs based on the secret information received by the Inspector of Police she along with the police party and equipment went near the arch, about 100metre north of the bakery Chandra cafe, located on the Tuticorin PortMadurai four lane national highway beyond the Sterlite plant in Tuticorin, at that time the petitioner along with other accused persons were there in a vehicle bearing Reg.No.TN 69 BM 0946 and Yamaha ray ZR scooty was there and on seeing the police party the co-accused attempted to escape bu t the respondent police nabbed the petitioner and found in possession of 101.9kgs of ganja. Hence the case.

3. The learned counsel for the petitioner would submit that the respondent police has registered a false case against the petitioner and he has not committed any offence as alleged by the prosecution. The petitioner has been arrested and remanded to judicial custody on 18.12.2025. Hence, he prays to grant bail to the petitioner.

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4. The learned Government Advocate (Crl.Side) appearing for the respondent would submit that the petitioner along with other accused were found in illegal possession of 101.9kgs of ganja which is a commercial quantity. He would submit that the petitioner has some previous case. Hence, he 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 considering the nature of offences and though the quantity involved in this case is a commercial quantity even according to the case of prosecution the petitioner transported four bags of ganja in a two wheeler each containing 25kgs, which is practically impossible and so far as other allegation that the petitioner is an associate with other smugglers is concerned it is a matter for trial, though the petitioner has some case under IPC offences in all those bail was granted to him and also the fact that though one case under NDPS Act is pending against the petitioner i.e., not under commercial quantity, and since the First Information Report has been 3/6

registered on 18.12.2025 by this time material part of the investigation might have been completed and also taking into consideration the period of incarceration suffered 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 Thousand only) with two sureties each for a like sum to the satisfaction of the Principal NDPS Court, Madurai 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 any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade her from disclosing such facts 4/6

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) 09.06.2026 aav To 1.The Principal NDPS Court, Madurai 2.The Deputy Superintendent of Police NIB-CID Police Station, Thoothukudi

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

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P. DHANABAL, J aav

ORDER

IN CRL OP(MD) No. 7927 of 2026 Date : 09.06.2026 6/6