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Madras High CourtCRL OP(MD)/8812/2026granted

Preetheep Kumar v. The State Of Tamilnadu

2026-06-08Honourable Mr. Justice P.Dhanabal6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 08/06/2026

CORAM

THE HONOURABLE MR. JUSTICE P. DHANABAL Preetheep Kumar ... Petitioner/Accused No.2 Vs The State of Tamilnadu Rep By, The Inspector of Police, NIB-CID Police Station, Madurai.

Cr.No.11 of 2024. ... Respondent/Complainant PRAYER :- To enlarge the petitioner on bail in C.C.No.30 of 2025 on the file of the Principal EC and NDPS Act Case Court, Madurai, and pass such further or other order as this Hon`ble Court may deem fit and proper in the nature and circumstances of... For Petitioner : Vignesh A, Advocate.

For Respondent : Mr.G.Ganesh Kumar, Government Advocate (Crl.Side)

ORDER

The petitioner / A2, who was arrested and remanded to judicial 1/6

custody on 01.08.2024 for the offences punishable under Sections 8(c) r/w 20(b)(ii)(C), 25 and 29(1) of NDPS Act, in Crime No.11 of 2024 on the file of the respondent police, seeks bail.

2. The prosecution's case is that on 01.08.2024, around 09:00 am, on secret information, the respondent police intercepted a lorry bearing Reg.No.TN-52-B-4416 and on searching, the accused were found in possession of 120 kg of ganja. Hence, this 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 He would further submit that this is the third bail petition and earlier bail petitions were withdrawn by the petitioner and no recovery was made from the petitioner and the entire contraband was recovered from A1 and no previous case is pending against the petitioner and he has been arrested and remanded to judicial custody on 01.08.2024. Therefore, prayed to grant bail for the petitioner.

4. The learned Government Advocate (Crl.Side) appearing for the respondent would submit that the accused (A1) was found in illegal 2/6

possession of 120 kg of ganja and the quantity involved in this case is a commercial quantity. Hence, he strongly opposed to grant bail to the petitioner. He would further submit that the investigation was completed and final report was filed before the concerned Court and no previous case is pending against 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 though the prosecution stated that the quantity involved in this case is a commercial quantity, no contraband was recovered from this petitioner and the entire contraband was recovered from A1 and the petitioner is only a driver of the vehicle and no previous case is pending against the petitioner and the investigation was already completed and final report was also filed before the concerned Court and also considering the period of incarceration undergone by the petitioner, this Court is inclined to grant bail to the petitioner subject to the following conditions: 3/6

[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 Special Court for Trial of Narcotic Drugs and Psychotropic Substances Act Cases, Madurai, and on further conditions that:

[b] the petitioner shall report before the trial Court daily at 10.30 a.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 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. 4/6

State of Kerala [(2005)AIR SCW 5560].

[g] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 BNS.

08.06.2026 dss TO 1.The Principal Special Court for Trial of Narcotic Drugs and Psychotropic Substances Act Cases, Madurai.

2.The Inspector of Police, NIB-CID Police Station, Madurai.

3.The Superintendent, Central Jail, Madurai.

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

5/6

P. DHANABAL,J DSS

ORDER

IN CRL OP(MD) No.8812 of 2026 Date : 08/06/2026 6/6