Ajin v. The State Of Tamilnadu Rep. By

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 17.10.2025 PRESENT THE HONOURABLE MRS. JUSTICE S.SRIMATHY CRL OP(MD)No.18182 of 2025

1. Ajin

2. Umarudeen ... Petitioners/ Accused Nos.1 & 2 Vs The State of Tamilnadu, Rep by the Inspector of Police, PEW Thuckalay Police Station, Kanniyakumari District.

(Crime No.108 of 2025) ... Respondent/Complainant For Petitioners : Mr.P.Sonu For Respondent : Mr.E.Antony Sahaya Prabahar Additional Public Prosecutor PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- For Bail in Crime No.108 of 2025 on the file of the respondent police.

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ORDER : The Court made the following order :- The petitioners, who were arrested and remanded to judicial custody on 20.09.2025 for the offences punishable under Sections 8(c), r/w. 20(b)(ii)(B) of NDPS Act in Crime No. 108 of 2025 on the file of the respondent police, seek bail.

2. The case of the prosecution is that the petitioners were found to be in illegal possession of 2.300 kilograms of ganja. Hence, the complaint.

3. The learned counsel for the petitioners submitted that the petitioners are innocent person and they have not committed any offences as alleged by the prosecution. He further submitted that the petitioners are in judicial custody from 20.09.2025. Hence, he seeks bail to the petitioner.

4. The learned Additional Public Prosecutor submitted that A-1 has five previous cases. Hence, he opposed for grant of bail to the 2/6

petitioners.

5. Taking into consideration of the fact that even though five previous cases are pending against A-1, the present case does not involve commercial quantity, this Court is inclined to grant bail to the petitioners, subject to the following conditions:

6. Accordingly, the petitioners are ordered to be released on bail on executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) each with two sureties, each for a like sum to the satisfaction of the learned Principal Special Court for Narcotic Drugs and Psychotropic Substances Act Cases, Madurai (FAC) and on further conditions that :- [a] the petitioners and the sureties shall affix their photographs and left thumb impression in the surety bond and the Magistrate may obtain a copy of their Aadhaar card or bank pass book to ensure their identity.

[b] the petitioners shall report before the respondent police daily at 10.30 a.m., until further orders. They have to co-operate for the investigation.

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[c] the petitioners shall not tamper with the evidence or witness either during investigation or trial. [d] the petitioners shall not abscond either during investigation or trial.

[e] On breach of any of the aforesaid conditions, the learned 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 is 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].

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

(S S Y J) 17.10.2025 jbr 4/6

To

1. The Principal Special Court for Narcotic Drugs and Psychotropic Substances Act Cases (FAC), Madurai.

2. The Superintendent, Central Prison, Palayamkottai.

3. The Inspector of Police, PEW Thuckalay Police Station, Kanniyakumari District.

4. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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S.SRIMATHY,J.

jbr

ORDER

IN CRL OP(MD) No.18182 of 2025 Date : 17.10.2025 6/6