Vanaraj v. The State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 07.04.2026 PRESENT THE HONOURABLE MR. JUSTICE P. DHANABAL Vanaraj

...Petitioner/Accused

Vs State of Tamil Nadu rep. by The Inspector of Police, Cumbum North Police Station Theni District (Crime No. 242 of 2024)

...Respondent/Complainant

For Petitioner : Mr.M.Jegadeesh Pandian For Respondent : Mr.B.Nambi Selvan Additional Public Prosecutor PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- For Bail in Cr.No.242 of 2024 on the file of the respondent police. 1/6

ORDER : The Court made the following order :- The petitioner / A3, who was arrested and remanded to judicial custody on 23.08.2024 for the offences punishable under Sections 8(c) r/w. 20(b)(ii) (C), 29(1), 25 of NDPS Act in Crime No.242 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 33kgs 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 this petitioner was alleged to have travelled in a separate vehicle and was found in possession of only 11kgs of ganja and inorder to prove the recovery a separate athatchi was prepared and therefore the petitioner ought not have charged for possession of commercial quantity of ganja He would further submit that now the investigation has been completed and the case is posted for trial. The petitioner has been arrested and remanded to judicial custody on 23.08.2024.. Hence, he prays to grant bail to the petitioner.

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4. The learned Additional Public Prosecutor appearing for the respondent would submit that petitioner along with other accused were found in illegal possession of 33kgs of ganja which is a commercial quantity. There are materials available as against the petitioner. Hence, he 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 and also the considering the fact that the prosecution has seized the contraband in two different places under two separate mahazhar in two separate vehicles, however clubbed both and the same is termed as commercial quantity, so far as petitioner is concerned he travelled in a separate vehicle and the quantity recovered in that vehicle is not a commercial quantity and the commercial quantity of contraband was recovered from other accused and also the fact the investigation was completed and the case is pending for trial in CC No. 31 of 2025 and also taking into consideration the period of incarceration suffered by the petitioner, this Court is inclined to grant bail to the petitioner subject to the 3/6

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 I Additional Special Court for NDPS Act Cases, Madurai and on further conditions that: [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 4/6

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) 07.04.2026 aav To 1.The I Additional Special Court for NDPS Act Cases, Madurai 2.The Inspector of Police, Cumbum North Police Station Theni District

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 aav

ORDER

IN CRL OP(MD) No. 15487 of 2025 Date : 07.04.2026 6/6