Hari vs State

K.Rajasekar, J

The petitioner, who was arrested and remanded to judicial custody on 23.01.2026 for the offences punishable under 8(c) read with Section 20(b)(ii) (B) of Narcotics Drugs and Psychotropic Substances Act 1985, in Crime No.25 of 2026 on the file of the respondent police, seeks bail.

2.The allegation against the petitioner is that on the date of alleged occurrence, the petitioner was found in possession of 1.100 kgs of ganja. Hence the FIR was registered.

3.The learned counsel appearing for the petitioner would submit that the petitioner is innocent and he has been falsely implicated in this case. He would further submit that the petitioner is in custody from 23.01.2026 and there is no previous cases pending against the petitioner and he is ready to abide by any stringent condition that may be imposed by this Court. Hence, he prayed for the grant of bail to the petitioner.

The learned Government Advocate (Crl. Side) appearing for the respondent police reiterated the prosecution’s case and on instruction submitted that 1.100 kgs of ganja were seized from the petitioner, no previous case is pending against this petitioner and investigation in this case is pending, hence, he vehemently opposed for grant of bail to the petitioner.

5.Taking into consideration of the facts and circumstances and the alleged contraband was seized from the accused 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:

Accordingly, the petitioner is ordered to be released on bail on his executing 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.4, Salem 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 stay at Vellore and appear before the Vellore North Police Station everyday at 10.30 a.m. for the period of three weeks and thereafter as and when required for interrogation;

(c) the petitioner shall not tamper with evidence or witness either during investigation or trial;

(d) the petitioner shall not abscond 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 petitioners in accordance with law as if the conditions have been imposed and the petitioners 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]; and;

(f) if the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S.