Muniyasamy v. State Of Tamilnadu Rep By Inspector Of Police, Rajapalayam South

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 22.06.2026 PRESENT THE HONOURABLE MR. JUSTICE P. DHANABAL CRL OP(MD). No. 11810 of 2026 Muniyasamy

...Petitioner

Vs State of Tamil Nadu rep. by The Inspector of Police, Rajapalayam South Police Station, Virudhunagar District.

(Crime No.66 of 2023)

...Respondent/Complainant

For Petitioner : Mr.M.Pandian 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. 66 of 2023 on the file of the respondent police. ORDER : The Court made the following order :- The petitioner / Accused, who was arrested and remanded to judicial custody on 13.05.2026, for the offences punishable under Sections 8(c) r/w 20(b)(ii)(B), 25 of NDPS Act, in Crime No.66 of 2023 on the file of the 1/6

respondent police, seeks bail.

2. The case of the prosecution is that on secret information the respondent police went to the scene of occurrence and they found that the accused persons are in possession of 2.750 kilo grams 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. The FIR was registered in the year 2023 and the accused was arrested in the year 2026. Only on the basis of the confession statement of the co-accused this petitioner has been implicated in this case and arrested. No contraband was recovered from this petitioner. Hence, he prayed 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 quantity involved in this case is not commercial quantity. The petitioner has 24 previous cases. Co-accused were arrested and released on bail. On the basis of t their confession statement this petitioner was implicated in this case and was 2/6

arrested. Investigation is still pending. Hence, he opposed the grant of 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, considering the nature of charges levelled against the petitioner, the quantity involved in this case is not commercial quantity, no contraband was recovered from this petitioner, the entire contraband was recovered from coaccused, the FIR has been registered in the year 2023, on the basis of the confession statement of the co-accused only this petitioner has been implicated in this case and arrested in the year 2026, though the petitioner has 24 previous cases, they are not similar in nature and in all those cases he was already granted bail and 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 3/6

satisfaction of the learned Additional District Judge/Presiding Officer, Special Court for EC and NDPS Act Cases, Pudukkottai, and on further conditions that:

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

[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]. 4/6

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

(P D B J) 22.06.2026 TM To 1.The Additional District Judge/Presiding Officer, Special Court for EC and NDPS Act Cases, Pudukkottai.

2.The Inspector of Police, Rajapalayam South Police Station, Virudhunagar District. (Crime No.66 of 2023) 3.The Superintendent, District Prison, Virudhunagar. 4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

5/6

P. DHANABAL, J.

TM

ORDER

IN CRL OP(MD) No. 11810 of 2026 Date : 22.06.2026 6/6