Balamurugan And Others vs Maniprabu @ Dokumani

S.Srimathy, J

The petitioners, who were arrested and remanded to judicial custody on 25.11.2025 for the offences punishable under Sections 8(c ) read with Sections 20(b)(ii)(B) of NDPS Act, in Crime No.237 of 2025 on the file of the respondent police, seek bail.

The case of the prosecution is that the petitioners were found in illegal possession of 5 kgs of Ganja. Hence, the complaint.

The learned counsel for the petitioners submitted that the petitioners are innocent persons and they have not committed any offences as alleged by the prosecution. He further submitted that the petitioners are ready and willing to abide by any conditions which may be imposed by this Court and they are in judicial custody from 25.11.2025. Hence, he seeks bail to the petitioners.

The learned Government Advocate (Crl.Side) submitted that there are 12 previous cases pending against the petitioners and the property has been recovered. He further submitted that the petitioners are history sheeter. Hence, he opposed for grant of bail to the petitioner.

Taking into consideration of the facts and circumstances of the case and also the fact that the quantity of the contraband is not commercial and also considering the period of incarceration suffered by the petitioners, this Court is inclined to grant bail to the petitioners, subject to the following conditions:

Accordingly, the petitioners are ordered to be released on bail on executing a separate 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 Additional District and Sessions Judge/Presiding Officer Special Court for EC & NDPS Act Cases, Pudukottai, and on further conditions that :-

[a] the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the Magistrate may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity.

[b] the petitioners shall report before the Additional District and Sessions Judge/Presiding Officer, Special Court for EC and NDPS Act Cases, Pudukottai daily at 10.30 a.m., and 05.30 p.m., until further orders.

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

[d] the petitioner shall not tamper with evidence or witness either during investigation or 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 BNS.