Ebiston v. The State Of Tamilnadu Rep. By
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 19/06/2026 PRESENT The HONOURABLE MR. JUSTICE P. DHANABAL Ebiston, S/o. Tharmaputhiran, Thalaimuthu Nagar, Thoothukudi District..
... Petitioner/Accused No.5 Vs The State of Tamilnadu Rep., By, the Inspector of Police, NIB - CID, Thoothukudi District.
(Crime No. 9 of 2024).
... Respondent/Complainant For Petitioner : Mr.Ashok S, Advocate.
For Respondent : Mr.G.Ganesh Kumar, Government Advocate (Crl.Side) PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- C-32B. To enlarge the petitioner on bail in connection with the case in C.C.No. 76 of 2025 on the file of the II Additional Special Court for 1/8
Trial NDPS Act Cases, Madurai...
ORDER : The Court made the following order :- The petitioner / Accused No.5, who was arrested and remanded to judicial custody on 10.03.2026 for the offences punishable under Sections 8(c), r/w. 21(C), 29(1) of NDPS Act @ 8(c), r/w. 20(B)(ii)(C), 29(1) of NDPS Act, in Crime No.9 of 2024 on the file of the respondent police, seeks bail.
2. The case of the prosecution is that on secret information, received by Q Branch Police officials, they went to the spot and found the accused was in possession of 58 Kgs. of charas. 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 2/8
alleged by the prosecution. Only on the basis of the confession statement of the co-accused, this petitioner was implicated. No contraband was recovered from this petitioner. Therefore, he prayed to grant bail for the petitioner.
4. The learned Government Advocate (Crl. Side) appearing for the respondent would submit that the offence are grave in nature. The accused persons are in possession of 58 kgs. of charas. The contraband was recovered from A1 to A3. On the basis of the confession statement of the coaccused, the petitioner was implicated in this case. The petitioner has no previous cases. The quantity involved in this case also commercial quantity. Investigation has also been completed and the case is pending at the trial stage. Hence, he vehemently opposed the grant of 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, considering the nature of charges levelled against the petitioner, though the prosecution has stated that the quantity involved in this case is commercial quantity, no contraband was recovered from this petitioner and based on the confession statement of the co-accused, this petitioner was arrayed as an accused in this case and the petitioner has no previous cases and considering the period of incarceration undergone by the petitioner from 10.03.2026, 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 4/8
Rs.10,000/- (Rupees Ten Thousand only) with two sureties each for a like sum to the satisfaction of the learned II Additional Special Court for Trial of NDPS Act Cases, Madurai, and on further conditions that:
[b] the petitioner shall report before the trial Court learned II Additional Special Court for Trial of NDPS Act Cases, Madurai, at 10.30 a.m., on all working days, until further orders.
[c] the petitioner shall not commit any offence similar to the offence of which he/she is accused, or suspected, or of the commission of which he/she is suspected;
[d] the petitioner shall not abscond either during investigation or trial;
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[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. State of Kerala [(2005)AIR SCW 5560].
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[g] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 BNS.
(P D B J) 19.06.2026 VSG TO 1.The learned II Additional Special Court for Trial of NDPS Act Cases, Madurai.
2.The Superintendent, Central Prison, Madurai. 3.The Inspector of Police, NIB - CID, Thoothukudi District.
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.10396 of 2026 Date : 19/06/2026 8/8