Pradeep v. The State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 30.03.2026 PRESENT THE HONOURABLE MR. JUSTICE P. DHANABAL CRL OP(MD). No. 9344 of 2025 Pradeep

...Petitioner/Accused No.10

Vs State of Tamil Nadu rep. by The Inspector of Police, Thiruppapuliyur Police Station Cuddalore District.

(Crime No. 129 of 2025 )

...Respondent/Complainant

For Petitioner : Mr.C.Deepakkumar Advocate.

For Respondent : Mr.B.Nambi Selvan Additional Government Pleader PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- For Bail in Cr.No. 129 of 2025 on the file of the respondent police. 1/6

ORDER : The Court made the following order :- The petitioner / A10, who was arrested and remanded to judicial custody on 29.03.2025 for the offences punishable under Sections 8(c) r/w 20(b)(ii)(C) of NDPS, Act, in Crime No. 129 of 2025 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that A1 to A9 were found in illegal possession of 23 kg of ganja. Based on their confession, the petitioner was arrested on 29.03.2025. 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 no recovery was made from the petitioner and only based on the confession of the co-accused, the petitioner was implicated in this case and he has no previous case and he has been arrested and remanded to judicial custody on 29.03.2025. Therefore, prayed to grant bail for the petitioner.

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4. The learned Additional Public Prosecutor appearing for the respondent strongly opposed to grant bail to the petitioner on the ground of commercial quantity and the offence is grave in nature. However, he fairly conceded that no recovery was made from him and he has no previous case and the case was posted for trial.

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 quantity of contraband involved in this case is not a commercial quantity and considering the facts that the petitioner has no previous case and no recovery was made from him and only based on the confession of the co-accused, he was implicated in this case and the case was posted for trial 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: [a] Accordingly, the petitioner is ordered to be released 3/6

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 Special Court for EC/NDPS Act, Thanjavur and on further conditions that: [b] the petitioner shall report before the trial Court on all working day 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 4/6

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) 30.03.2026 dss To 1.The Special Court for EC/NDPS Act, Thanjavur.

2.The Inspector of Police, Thiruppapuliyur Police Station Cuddalore District.

3. The Superintendent, Central Prison, Madurai.

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

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P. DHANABAL, J dss

ORDER

IN CRL OP(MD) No. 9344 of 2025 Date : 30.03.2026 6/6