F. Mohamed Ali vs State

C.Kumarappan, J

The petitioner, who was arrested and remanded to judicial custody on 23.01.2026 for the alleged offence under Section 8(c), 20(b)(ii)(A), 29(1) of Narcotic Drugs & Psychotropic Substances Act 1985 in Crime No.25 of 2026 on the file of the respondent police, seeks bail.

The case of the prosecution is that the petitioner along with other person were found in possession of 200 grams of ganja. Hence, this case.

The learned counsel appearing for the petitioner submitted that the petitioner has been falsely implicated in the present case and that he has not committed any offence as alleged by the prosecution. He further submitted that the petitioner is ready to abide by any stringent conditions that may be imposed by this Court. Hence, he prays for grant of bail to the Petitioner.

Per contra, the learned Government Advocate (Criminal Side) appearing for the Respondent Police reiterated the prosecution case and fairly submitted that the petitioner was in possession of 200 grams of ganja which comes under small quantity and the petitioner has one previous case pending against him. However, he opposed the grant of bail to the Petitioner.

I have given my anxious consideration to either side submissions and perused the materials available on record.

From the submissions made by the learned counsel on either side and taking into consideration of the quantity of contraband which is of small quantity and the period of incarceration of the petitioner since 23.01.2026 and upon the further fact that the co-accused has already been enlarged on bail in Crl.OP.No.3676 of 2026 dated 16.02.2026, this Court is inclined to enlarge the petitioner on bail subject to 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 Court No.7, Coimbatore, and on further conditions that:

[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. for the period of three weeks and thereafter, as and when required for interrogation;

[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 pass appropriate orders against the petitioner in accordance with law as if the aforementioned 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)13 SCC 283];

[f] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S.