Sethupathi v. The State Of Tamil Nadu Rep.By

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 20.04.2026 PRESENT THE HONOURABLE MR. JUSTICE P. DHANABAL Sethupathi

...Petitioner/Accused

Vs State of Tamil Nadu rep. by The Inspector of Police, Usilampatti Taluk Police Station, Madurai District (Crime No. 68 of 2024)

...Respondent/Complainant

For Petitioner : Mr.SMA.Jinnah For Respondent : Mr.B.Nambi Selvan Additional Public Prosecutor PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- For Bail in Cr.No.68 of 2024 on the file of the respondent police. ORDER : The Court made the following order :- The petitioner / A2, who was arrested and remanded to judicial custody on 29.02.2024 for the offences punishable under Sections 8(c) r/w. 1/6

20(b)(ii) (C), 29(1), 25 of NDPS Act in Crime No.68 of 2024 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that the petitioner along with other accused were found in illegal possession of 40Kgs of ganja. Hence the case.

3. The learned counsel for the petitioner would submit that the respondent police has registered a false case against the petitioner and he has not committed any offence as alleged by the prosecution. He would further submit that already this petitioner was granted interim bail and he has been complying with the conditions imposed by this Court. Hence, he prays to grant bail to the petitioner.

4. The learned Additional Public Prosecutor appearing for the respondent would submit that petitioner along with other accused were found in illegal possession of 40 kgs of ganja which is a commercial quantity. There are materials available as against the petitioner. Though he was granted interim bail he also travelled in the vehicle in which the contraband was transported. Hence, he 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 and also the considering the fact that no contraband was recovered from this petitioner and the contraband was identified by the first accused and the same was also recovered from him and further this petitioner is only a driver of the lorry in which the contraband was transported and further the petitioner was granted interim bail by this Court and he also complied with the conditions imposed by this Court and also considering the fact that no previous case is pending against 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 Special Court for EC and NDPS Act Cases, Madurai and on further conditions that: 3/6

[b] the petitioner shall report before the trial Court on all working days at 10.30 a.m.,and 5.30 pm., until further orders.

[c] the petitioner shall not commit any offence similar to the offence of which he is accused, or suspected, or of the commission of which he 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].

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

(P D B J) 20.04.2026 aav To 1.The Special Court for EC and NDPS Act Cases, Madurai 2.The Inspector of Police, Usilampatti Taluk Police Station, Madurai District

3. The Superintendent, District Prison, Theni 4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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P. DHANABAL, J aav

ORDER

IN CRL OP(MD) No. 15105 of 2025 Date : 20.04.2026 6/6