B.Durai Pandiyan vs State

K.Rajasekar, J

The petitioner, who was arrested and remanded to judicial custody on 22.01.2026, for the alleged offence punishable under Section 8(c), 20(b)9ii)(A), 29(1) of NDPS Act 1985 and 25(1A) of Arms Act, 1959 in Crime No.38 of 2026, on the file of the respondent police, seeks bail.

The allegation against this petitioner is that, the petitioner along with other accused was found in possession of 100 grams of ganja and also patta knife and it revealed that they were in preparation to commit robbery. Hence, the complaint was lodged and the petitioner was arrested.

Learned counsel appearing for the petitioner submitted that the petitioner was formally arrested and is ready to cooperate with the investigation. Hence, he prayed to grant bail to the petitioner.

4.The learned Government Advocate (Criminal Side) appearing for the respondent Police reiterated the prosecution case and submitted that the petitioner is also having 7 previous cases. Hence, he opposed to grant bail to the him.

Considering the facts and circumstances of the case and that it is alleged that the petitioner was found in possession of 100 grams of ganja and he was member of the gang and has been formally arrested in this case, and though previous cases reported, this Court is inclined to grant bail to the petitioner with certain conditions;

Accordingly, the petitioner is ordered to be released on bail on his executing a bond for a sum of Rs.20,000/- (Rupees Twenty Thousand only) with two sureties, for a like sum to the satisfaction of the learned Judicial Magistrate, Sholinghur, 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 petitioner shall report before the Trial Court daily at 10.30 a.m., for a period of four weeks.

[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 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 B.N.S.