Prabu v. State Of Tamilnadu Rep By Inspector Of Police, Annamalainagar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 29.04.2026 PRESENT THE HONOURABLE MR. JUSTICE P. DHANABAL CRL OP(MD). No. 23696 of 2025 Prabu

...Petitioner

Vs State of Tamil Nadu rep. by The Inspector of Police, Annamalainagar Police Station, Cuddalore District.

(Crime No.69 of 2025)

...Respondent/Complainant

For Petitioner : Mr.S.Kasirajan Advocate.

For Respondent : Mr.B.Nambi Selvan Additional Public Prosecutor PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- For Bail in Cr.No. 69 of 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 19.04.2025, for the offences punishable under Sections 8(c) and 20(b)(i)(C) of NDPS Act, in Crime No.69 of 2025 on the file of the respondent 1/6

police, seeks bail.

2. The case of the prosecution is that on 19.04.2025, on secret information the respondent police officials went to the scene of occurrence and found that the accused are in possession of 21.1 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. In the previous cases with regard to the commercial quantity and intermediate quantity also the petitioner was acquitted. Co-accused in this case has also been relesed on bail. Other previous cases are not similar in nature. No recovery was made from this petitioner. Hence, he prayed bail for the petitioner.

4. The learned Additional Public Prosecutor appearing for the respondent would submit that the offence are grave in nature. Though the petitioner was acquitted in two cases, totally, the petitioner has 18 previous cases. The contraband involved in this case is commercial quantity. Hence, he opposed the grant of bail to the petitioner. Investigation has been completed and the case is pending in C.C.No.185 of 2025 on the file of the Additional District Judge, 2/6

Special Court under EC Act, Thanjavur.

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, considering the nature of charges levelled against the petitioner, no contraband was recovered from this petitioner, only based on the confession statement made by the co-accused this petitioner was implicated in this case, co-accused in this case has been released on bail, though the petitioner is having 18 previous cases, they are not similar in nature and some of the cases have been disposed of and in remaining cases he was granted bail, and 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 learned Additional District Judge, Special Court under EC Act, Thanjavur, and on further conditions that: [b] the petitioner shall report before the Additional District 3/6

Judge, Special Court under EC Act, Thanjavur, at 10.30 a.m., on all 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 5560]. [g] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 BNS.

(P D B J) 29.04.2026 TM 4/6

To 1.The Additional District Judge, Special Court under EC Act, Thanjavur. 2.The Inspector of Police, Annamalainagar Police Station, Cuddalore District. (Crime No.69 of 2025) 3.The Superintendent, Central Prison, Cuddalore. 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. 23696 of 2025 Date : 29.04.2026 6/6