Pandi v. State Of Tamilnadu Rep By Inspector Of Police, Parthibanoor

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 13/05/2026

CORAM

THE HONOURABLE MR. JUSTICE K.K. RAMAKRISHNAN Pandi ... Petitioner/Accused No.2 Vs State of Tamilnadu Rep by, The Inspector of Police, Parthibanoor Police Station, Ramanathapuram District.

(Crime No. 67/2026). ... Respondent/Complainant PRAYER :- For Bail in Crime No.67/2026 on the file of the respondent police.

For Petitioner : Mr.Ramesh. M, Advocate.

For Respondent : Mr.S.Ravi, Additional Public Prosecutor ORDER : The Court made the following order :- 1/6

The petitioner, who was arrested and remanded to judicial custody on 10.04.2026 for the offences punishable under Sections 8(c) & 20(b) (ii)(B) of NDPS Act, in Crime No.67 of 2026 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that on 10.04.2026, at about 06.00 p.m, when the respondent police were in routine surveillance near Graveyard, Arunkulam, Parthibanoor, on seeing the police party, two persons tried to escape from the scene of occurrence. However, the respondent police nabbed them and on search, they were found in illegal possession of 2.500 kg of ganja. Hence, the complaint.

3. The learned counsel for the petitioner submitted that the petitioner is an innocent person and he has not committed any offences as alleged by the prosecution. He further submitted that the petitioner is in judicial custody from 10.04.2026. Hence, he seeks bail to the petitioner.

4. The learned Additional Public Prosecutor submitted that the petitioner and another accused were found in illegal possession of 2.500 2/6

kg of ganja and the offence is grave in nature and the investigation is at a preliminary stage and the petitioner has 8 previous cases. Hence, he strongly opposed for grant of bail to the petitioner.

5. By way of reply, the learned counsel for the petitioner would submit that all the cases are false cases and the same have been registered for statistical purpose only and this case also registered against the petitioner without any recovery from him.

6. Taking into consideration of the facts and circumstances of the case and also considering the fact that the quantity involved in this case is not a commercial quantity and no recovery was made from this petitioner and the entire contraband was only recovered from A1 and also considering the period of incarceration suffered by the petitioner, this Court is inclined to grant bail to the petitioner, subject to the following conditions:

7. Accordingly, the petitioner is ordered to be released on bail on executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) 3/6

each with two sureties, each for a like sum to the satisfaction of the Additional District and Sessions Judge/Presiding Officer, Special Court for EC and NDPS Act Cases, Pudukottai, and on further conditions that :- [a] the petitioner and the sureties shall affix their photographs and left thumb impression in the surety bond and the Magistrate may obtain a copy of their Aadhaar card or bank pass book to ensure their identity;

[b] the petitioner shall report before the respondent police daily at 10.30 a.m., until further orders;

[c] the petitioner shall not tamper with the evidence or witness either during investigation or trial; [d] the petitioner shall not abscond either during investigation or trial;

[e] On breach of any of the aforesaid conditions, the learned 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 4/6

petitioner is 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];

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

13.05.2026 DSS TO

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

2. The Inspector of Police, Parthibanoor Police Station, Ramanathapuram District.

3. The Superintendent, District Prison, Ramanathapuram.

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

5/6

K.K. RAMAKRISHNAN,J DSS

ORDER

IN CRL OP(MD) No.9404 of 2026 Date : 13/05/2026 6/6