Santhanam v. The State Of Tamilnadu Rep.By

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 05/06/2026 PRESENT The HONOURABLE MR. JUSTICE P. DHANABAL Santhanam, S/o.Murugan, No.157/86, Perumal Kovil Street, Siruvaalai, Madurai North, Madurai District.

... Petitioner/Accused No.5 Vs The State of Tamilnadu Rep.By, The Inspector of Police, PEW Madurai City Station, Madurai City.

(Cr.No.188 of 2025).

... Respondent/Complainant For Petitioner : Mr.P. Sureshkumar, Advocate.

For Respondent : Mr.G.Ganesh Kumar, Government Advocate (Crl.Side) PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- C-32B For Bail in Crime No.188 of 2025 on the file of the respondent Police.

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ORDER : The Court made the following order :- The petitioner / A5, who was arrested and remanded to judicial custody on 21.08.2025 for the offences punishable under Sections 8(c), 20(b)(ii)(B), 21(c) and 29(1) of NDPS Act, 1985, in Crime No.188 of 2025 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that on 20.08.2025, at about 08.15 a.m, on the secret information, the respondent police went to Fish Market of Mattuthavani. On seeing the police party, the accused tried to escape from the scene of occurrence. However, the respondent police nabbed them. On searching, the accused were found in illegal possession of 960 numbers of Nitrosen Tablet (10 mg). Hence the case.

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3.The learned counsel for the petitioner would submit that the petitioner is an innocent and he was falsely implicated in this case and he is no way connected in the above said incident. He would further submit that no contraband was recovered from the petitioner and based on the confession of the co-accused, he has been implicated in this case. The petitioner has been arrested and remanded to judicial custody on 21.08.2025. Hence, he prays to grant bail to the petitioner.

4. The learned Government Advocate (Crl. Side) appearing for the respondent Police would submit that the petitioner has no previous cases. He would further submit that the investigation is still pending and the offences are grave in nature. Hence, he strongly opposed to grant bail to the petitioner.

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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, quantity of the material involved in this case and considering the fact that the petitioner was arrayed as accused only based on the confession of the co-accused and no contraband was recovered from this petitioner and according to the prosecution, the entire contraband was recovered from A1 and no previous case is pending against the petitioner and the material part of the investigation might have been completed and the co-accused were arrested and released on bail and also considering the period of incarceration undergone by the petitioner from 21.08.2025, this Court is inclined to grant bail to the petitioner subject to the following conditions:

[a] Accordingly, the petitioner is 4/8

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 Principal Special Court for Trial of NDPS Act Cases, Madurai, (FAC), and on further conditions that:

[b] the petitioner shall report before the learned Principal Special Court for Trial of NDPS Act Cases, Madurai, (FAC), on all working days 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;

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[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 6/8

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 VSG TO 1.The learned Principal Special Court for Trial of NDPS Act Cases, Madurai, (FAC).

2. The Superintendent, District Jail, Dindigul. 3.The Inspector of Police, PEW Madurai City Station, Madurai City.

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

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P. DHANABAL,J., vsg

ORDER

IN CRL OP(MD) No.9186 of 2026 Date : 05/06/2026 8/8