A.R.Akshay @ Akshy v. State Of Tamilnadu Rep By Inspector Of Police, Eruvadi

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 06/04/2026 PRESENT The HONOURABLE MR. JUSTICE P. DHANABAL A.R.Akshay @ Akshy, S/o.Anish, ... Petitioner/Accused Vs State of Tamilnadu Rep by Inspector of Police, Eruvadi Police Station, Tirunelveli District, Crime No.82/2025.

... Respondent/Complainant For Petitioner : Mr.R.L.Dhilipan Pandian for V Uthaya Kumar, For Respondent : Mr.B.Nambi Selvan, Additional Public Prosecutor PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- To enlarge the petitioner bail in CC.No.357/2025 on the file of the Principal Special Court for Trial of NDPS Act cases, Madurai and 1/7

in Crime No.82/2025 dated 28.02.2025 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 13.03.2025 for the offences punishable under Sections 8(c), 20(b)(ii)(c), 25, 29(1) @ 8(c), 20(b)(ii)(c), 25, 29(1), 27 A of NDPS Act in CC.No.357/2025 on the file of the Principal Special Court for Trial of NDPS Act cases, Madurai, in Crime No. 82 of 2025 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that the petitioner and other accused were found in illegal possession of 114 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 further submitted that only based on the confession statement of the 2/7

co-accused, he was implicated in this case. He would further submit that he has been arrested and remanded to judicial custody on 13.03.2026. Therefore, prayed to grant bail for the petitioner.

4. The learned Additional Public Prosecutor appearing for the respondent would submit that the investigation is pending and the contraband involved in this case is commercial quantity and the offences are grave in nature and hence, he strongly opposed to grant bail to the petitioner. However admitted that no previous case is pending against 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 fact that though the quantity involved in this case is a commercial quantity, but the entire contraband was recovered from the HONDA JAZZ car with A. Even according to the prosecution case another HONDA CITY car was parked 3/7

in an abandoned condition at the time of recovery of contraband, there are no prima facie material to commit this petitioner with alleged recovery of contraband of contraband and the petitioner has no previous case 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 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 p.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;

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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) 06.04.2026 TTA 5/7

TO 1.Principal Special Court for Trial of NDPS Act Cases, Madurai.

2. Do-Through The Chief Judicial Magistrate, Thirunelveli District.

3. The Superintendent, Palayamkottai Jail, Tirunelveli District.

4. Inspector of Police, Eruvadi Police Station, Tirunelveli District,

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

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P. DHANABAL,J TTA

ORDER

IN CRL OP(MD) No.19371 of 2025 Date : 06/04/2026 7/7