A.Sakthivel vs State Rep. By The Inspector Of Police

C.Kumarappan, J

The petitioner, who was arrested and remanded to judicial custody on 19.01.2026 for the alleged offences under Sections 8(c), 20(b)(ii)(A) of NDPS Act and Section 123 of BNS, 2023, in Crime No.33 of 2026, on the file of the respondent police, seeks bail.

The case of the prosecution is that the petitioner was found to be in illegal possession of 180 grams of ganja. Hence, the case.

The learned counsel for the petitioner would submit that the petitioner has been under incarceration since 19.01.2026 and that this is a small quantity of recovery of 180 grams of ganja. He would further submit that the petitioner is ready to abide by any condition that may be imposed by this Court. He would therefore seek for the grant of bail.

The learned Government Advocate would oppose the bail application on the ground that the petitioner has got four previous cases.

I have given my anxious consideration to the submissions made by the learned counsel on either side.

Though the learned Government Advocate objected the bail application, as the petitioner has got four previous cases, considering the recovery of small quantity and also considering the long incarceration of the petitioner since 19.01.2026, this Court is inclined to enlarge the petitioner on bail with certain conditions:

Accordingly, the petitioner is ordered to be released on bail on his executing a bond for a sum of Rs.25,000/- (Rupees Twenty-Five Thousand only), with two sureties each for a like sum, to the satisfaction of the learned Judicial Magistrate No.V, Coimbatore, subject to the following conditions:

[a] the sureties shall affix their photographs and Left Thumb Impression in the Application for Surety ship [Judicial Form No.46 annexed to 'The Criminal Rules of Practice, 2019']. The learned Magistrate shall obtain a copy of any one of the identity proofs to ensure their identity;

[b] the petitioner shall report before the respondent police daily at 10.30 a.m until further orders;

[c] the petitioner shall not abscond either during investigation or trial;

[d] the petitioner shall not tamper with the evidence or witness either during investigation or trial;

[e] on breach of any of the aforementioned conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the petitioners in accordance with law as if the conditions had been imposed and the petitioners released on bail by the learned Magistrate/Trial Court itself, as laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005)13 SCC 283];

[f] if the petitioner thereafter abscond, a fresh FIR may be registered under Section 269 of the Bharatiya Nyaya Sanhita, 2023.

It is made clear that no relaxation petition will be entertained within a period of 90 days.