Suresh v. The State Of Tamilnadu Rep. By

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 22.06.2026 PRESENT THE HONOURABLE MR. JUSTICE P. DHANABAL Suresh

...Petitioner/Accused

Vs State of Tamil Nadu rep. by The Inspector of Police, Devadanapatti Police Station Theni.

(Crime No. 81 of 2026 )

...Respondent/Complainant

For Petitioner : Mr.M.Pitchai Muthu Advocate.

For Respondent : Mr.G.Ganesh Kumar Government Advocate (Crl.Side) PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- For Bail in Cr.No. 81 of 2026 on the file of the respondent police. 1/7

ORDER : The Court made the following order :- The petitioner / Accused, who was arrested and remanded to judicial custody on 27.01.2026 for the offences punishable under Sections 8(c) r/w 20(b)(ii)(C), 25 and 29(1) of NDPS, Act, 1985 in Crime No. 81 of 2026 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that based on the secret information, on 27.01.2026, at about 7.15 hrs, when the respondents police were in patrol duty, they found that A1 was in illegal possession of 21.308 kgs of ganja. 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 contraband was recovered from this petitioner and the entire contraband was recovered from co-accused and based on the confession of the co-accused, the petitioner has been arrayed as accused. He would further submit that he has been arrested 2/7

and remanded to judicial custody on 27.01.2026. Therefore, prayed to grant bail for the petitioner.

4. The learned Government Advocate appearing for the respondent would submit that the other accused was in illegal possession of 21.308 kgs of ganja, due to which the case has been registered for the offences punishable under Sections 8(c) r/w 20(b)(ii)(C), 25 and 29(1) of NDPS, Act, 1985 in Crime No. 81 of 2026. He would further submit that the petitioner has 10 previous cases. He would further submit that the investigation is pending and the offences are grave in nature and hence, he strongly opposed to grant bail to 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 considering the facts that though the prosecution stated that the quantity involved in this case is commercial quantity, no contraband was recovered from this petitioner and the entire 3/7

contraband was recovered from co-accused and based on the confession of the co-accused, the petitioner has been arrayed as accused and considering the fact that though the petitioner has 10 previous cases, in all cases bail was granted to the petitioner 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 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 NDPS cases, Madurai and on further conditions that:

[b] the petitioner shall report before the Principal Special Court for Trial of NDPS cases, Madurai, 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;

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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 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) 22.06.2026 apd 5/7

To 1.The Principal Special Court for Trial of NDPS cases, Madurai.

2.The Inspector of Police, Devadanapatti Police Station Theni.

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 apd

ORDER

IN CRL OP(MD) No. 10404 of 2026 Date : 22.06.2026 7/7