Vijay v. State Of Tamilnadu Rep By Inspector Of Police, Nibcid Thoothukudi
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 23-01-2026
CORAM
THE HONOURABLE MRS JUSTICE S.SRIMATHY CRL OP(MD) NO. 22793 of 2025 Vijay Petitioner(s) Vs The State Rep By Inspector Of Police, NIBCID Thoothukudi Police Station, Thoothukudi District.
(Crime No.11/2025) Respondent(s) For Petitioner(s): Mr.P.Thanga Prithvi Rajan For Respondent(s): Mr.T.Senthil Kuamr, Additional Public Prosecutor Prayer:
C-32 B. For Bail in Crime No.11/2025 on the file of the respondent police.
ORDER
The petitioner/Accused No.4, who was arrested and remanded to judicial custody on 26.09.2025 for the offences punishable under Sections 8(c), 20(b)(ii)(C) and 29(1) of NDPS Act, in Crime No.11 of 2025, on the file of the respondent police, seeks bail. 2.The case of the prosecution is that the respondent seized 240 kg of ganja from the accused. Hence, this case.
3. The learned counsel for the petitioner submits that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution. However, he has been arrested and he is languishing in jail from 26.09.2025. Therefore, he prays for grant of bail.
4. The learned Additional Public Prosecutor appearing for the respondent police opposed for grant of bail on the ground that the investigation is still pending. Further, there is no previous case against the petitioner. 5.Considering the fact that the petitioner was arrested based on confession and considering the fact that the petitioner is not having previous case and based on the period of incarceration, this Court is inclined to grant bail to the petitioner on certain conditions. Further, Section 37 of NDPS Act may not be a bar for granting bail when there is no previous case and when the petitioner was implicated based on confession of co-accused.
6. Accordingly, the petitioner is ordered to be released on bail, on executing 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, a)the sureties shall affix their photographs and left thumb impression in the
surety bond and the Magistrate/concerned court may obtain a copy of their Aadhar card or Bank Pass Book to ensure their identity; b)the petitioner shall report before the respondent police daily at 10.30 a.m., for two weeks and thereafter, as and when required for interrogation, until further orders; c)the petitioner shall not tamper with evidence or witness; d)the petitioner shall not abscond during 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 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 of BNS.
23-01-2026 Tmg
To
1. Principal Special Court for Trial of NDPS Act cases, Madurai. 2.Inspector Of Police, NIBCID Thoothukudi Police Station, Thoothukudi District.
3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
4.Central Prison, Madurai.