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Madras High CourtCRL OP(MD)/18982/2025granted

A.Raja v. The State Of Tamilnadu Rep.By,

2026-04-16Honourable Mr. Justice P.Dhanabal6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 16.04.2026 PRESENT THE HONOURABLE MR. JUSTICE P. DHANABAL CRL OP(MD). No. 18982 of 2025 A.Raja ... Petitioner Vs The State of Tamil Nadu, Rep. by the Inspector of Police, PEW Thiruverumbur Police Station, Trichy District.

(in Crime No.162 of 2024)

...Respondent/Complainant

For Petitioner : Ms.P.Vimala Advocate.

For Respondent : Mr.B.Nambi Selvan Additional Public Prosecutor PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- For Bail in Crime No.162 of 2024 on the file of the respondent. ORDER : The Court made the following order :- The petitioner, who was arrested and remanded to judicial custody on 24.09.2024 for the offences punishable under Sections 8(c) r/w. 20(b)(ii)(c), of NDPS Act, 1985, in Crime No.162 of 2024, on the file of the respondent, seeks bail.

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2.The case of the prosecution is that on 28.02.2024, when the respondent police indulged in surveillance, the accused persons were found in possession of 20.250 kgs. of Ganja. Hence, the case.

3. The learned counsel for the petitioner submitted that the petitioner has nothing to do with the alleged offence, and he has been falsely implicated in this case. Only based on the confession statement of the co-accused, he was implicated in this case. The petitioner is in custody for more than 1 year. Investigation has been completed and charge sheet also has been filed before the concerned Court. Hence, he seeks bail to the petitioner.

4. The learned Additional Public Prosecutor, submitted that totally there five accused in this case. The quantity involved in this case is commercial quantity. He has three previous cases similar in nature. Out of which two cases are in respect of intermediate quantity and one case is for small quantity. Based on the confession of the co-accused only he was implicated in this case. The overt act against the petitioner is he alone asked the other accused to purchase the Ganja from Vijayavada to sell the same in Tamil Nadu. Hence, he opposed the grant of bail to the petitioner.

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5. This Court heard both sides and perused the materials available on record.

9. Considering the rival submissions made by the learned counsel on either side, considering the nature of offence, the petitioner was implicated in this case based on the confession statement of the co-accused, though the contraband involved in this case is commercial quantity, they were recovered from A1 and A2, who were also released on statutory bail, though the petitioner has previous cases, they are not commercial quantity, and also considering the period of incarceration of the petitioner from 24.09.2024, 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 Additional District and Sessions Judge / Presiding Officer, Special Court for E.C and NDPS Act Cases, Pudukkottai, and on further conditions that:

[b] the petitioner shall report before the Additional District and Sessions Judge / Presiding Officer, Special Court for E.C and NDPS Act Cases, Pudukkottai, daily at 10.30 a.m. and 05.00 p.m., on all 3/6

working days, 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 2660]. [g] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 BNS.

(P D B J) 16.04.2026 TM 4/6

To 1.The Additional District and Sessions Judge / Presiding Officer, Special Court for E.C and NDPS Act Cases, Pudukkottai.

2.The Inspector of Police, PEW Thiruverumbur Police Station, Trichy District.

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

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P. DHANABAL, J.

TM

ORDER

IN CRL OP(MD) No. 18982 of 2025 Date : 16.04.2026 6/6