Vipin @ Bibin Radhakrishnan v. State Of Tamilnadu Rep By Inspector Of Police, Vikkiramangalam

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 30/03/2026 PRESENT The HONOURABLE MR. JUSTICE P. DHANABAL Vipin @ Bibin Radhakrishnan, S/o.Radhakrishnan ... Petitioner/Accused Vs State of Tamilnadu Rep by Inspector of Police, Vikkiramangalam Police Station, Madurai District, Crime No.136/2023.

... Respondent/Complainant For Petitioner : Mr.Vignesh K, For Respondent : Mr.B.Nambi Selvan, Additional Public Prosecutor PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- To enlarge the petitioner on bail in connection with Crime No. 136/2023 on the file of the respondent herein now pending at the Special Court for Trial of Narcotic Drugs and Pshychotropic Substances Act cases, Madurai in CC.No.111/2024 1/6

ORDER : The Court made the following order :- The petitioner / Accused, who was arrested and remanded to judicial custody on 15.09.2023 for the offences punishable under Sections 8(c) r/w 20(b)(ii)(C), 25 of NDPS Act, 1985 and Section 201 of IPC in Crime No. 136 of 2023 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that the petitioner was in illegal possession of 215.450 grams 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 based on the confession of co-accused and he has not committed any offence as alleged by the prosecution. He would further submit that he has been arrested and remanded to judicial custody on 15.09.2023. Therefore, prayed to grant bail for the petitioner.

4. The learned Additional Public Prosecutor appearing for the respondent would submit that the petitioner was in illegal possession of 2/6

215.450 grams of ganja and the petitioner has one previous case, which is similar in nature and hence, he strongly opposed to grant bail to the petitioner.

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

6. Considering the nature of offence, though it is seen from the prosecution case that the quantity involved in this case is commercial quantity, the petitioner is alleged only to have loaded the contraband in Andra Pradesh and neither travelled in the vehicle nor was found in possession of the contraband. The contraband was not recovered from the petitioner and he has been arrayed as an accused based on the confession of co-accused. Further the previous case against the petitioner was ended in acquittal. Taking into account the period of incarceration undergone by the petitioner, this Court is inclined to grant bail to the petitioner, subject to the following conditions:

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[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 learned Sessions Judge, Special Court of Trial of NDPS Act Cases, Madurai, and on further conditions that:

[b] the petitioner shall report before the respondent police daily at 10.30 a.m., and 05.00 p.m., until further orders. [c] the petitioner shall not commit any offence similar to the offence of which she is accused, or suspected, or of the commission of which 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 5560].

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

(P D B J) 30.03.2026 PNM TO

1. The Sessions Judge, Special Court of Trial of NDPS Act Cases, Madurai

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

3. The Superintendent, Central Prison, Madurai

4. The Inpector of Police, Vikkiramangalam Police Station, Madurai District.

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

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P. DHANABAL,J PNM

ORDER

IN CRL OP(MD) No.22073 of 2025 Date : 30/03/2026 6/6