Ajith @ Sunathan vs State Of Tamilnadu

P. Dhanabal, J

The petitioner / A4 who was arrested and remanded to judicial custody on 29.04.2025 for the offences punishable under Sections 8(c) r/w 20(b)(ii)(c), 25 and 29(1) of NDPS Act @ 8(c), 20(b)(ii)(c), 25, 29(1) and 27A of NDPS Act in Crime No.82 of 2025 on the file of the respondent police, seeks bail.

The prosecution's case is that on 28.02.2025, around 04:10 pm, on secret information, when the respondent police were on patrol duty, they intercepted the cars bearing Reg.No.TN-07-AS-8082 and TN-75-V-0799. On seeing the police party, they tried to escape from the scene of occurrence. However, they chased one of the vehicle bearing No. TN-75-V-0799 and on searching, he (A) was found in possession of 114 kg of ganja. Based on his confession, the petitioner herein was arrayed as an accused. Hence, this case.

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 would further submit that no recovery was made from the petitioner and only based on the confession made by the co-accused, the petitioner was arrayed as an accused in this case and A1 was already arrested and released on bail and he has been arrested and remanded to judicial custody on 29.04.2025. Therefore, prayed to grant bail for the petitioner.

The learned Government Advocate (Crl.Side) appearing for the respondent would submit that the accused (A1) was found in illegal possession of 114 kg of ganja and the quantity involved in this case is a commercial quantity and the petitioner has 6 previous cases not similar in nature. Hence, he strongly opposed to grant bail to the petitioner. He would further submit that the investigation was completed and final report was filed before the concerned Court and the co-accused was already arrested and released on bail.

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

Considering the rival submissions made by the learned counsel on either side, nature of offence, and though the prosecution stated that the quantity involved in this case is a commercial quantity, no contraband was recovered from this petitioner and the entire contraband was recovered from A1 and the petitioner was arrayed as accused in this case based on the confession statement made by the co-accused and though the prosecution stated that the petitioner has 6 previous cases, those cases are not similar kind of offence and in those cases, he was released on bail and anticipatory bail and the investigation was already completed and final report was also filed before the concerned Court and the co-accused was already arrested and released on bail 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 EC & NDPS Act Cases, Madurai, and on further conditions that:

[b] the petitioner shall report before the trial Court daily at 10.30 a.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].

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