Kalimuthu @ Vellaikali vs State Of Tamil Nadu

P. Dhanabal, J

The petitioner / Accused, who was arrested and remanded to judicial custody on 11.12.2025 for the offences punishable under Sections 8(c) r/w 20(b)(ii)(C), 25 & 29(i) of NDPS, Act, 1985 in Crime No. 4 of 2024 on the file of the respondent police, seeks bail.

The case of the prosecution is that based on the secret information, on 11.12.2025, at about 5.00 hrs, when the respondents police were in patrol duty, they found that the other accused was in illegal possession of 140 kgs of ganja. Based on the confession of co-accused/A1, the petitioner has been arrayed as accused. Hence the case.

The learned counsel appearing for the petitioner would submit that the petitioner is innocent and he was falsely implicated in this case and he has not committed any offence as alleged by the prosecution. He would further submit that based on the confession of co-accused only, the petitioner has been arrayed as accused and no recovery was made from this petitioner and further the petitioner was in custody on the date of alleged occurrence. He would further submit that he has been arrested and remanded to judicial custody on 11.12.2025. Therefore, prayed to grant bail for the petitioner.

The learned Additional Government Pleader appearing for the respondent would submit that the other accused was in illegal possession of 140 kgs of ganja, due to which the case has been registered for the offences punishable under Sections 8(c) r/w 20(b)(ii)(C), 25 & 29(i) of NDPS, Act, 1985 in Crime No. 4 of 2024. He would further submit that based on the confession of co-accused/A1, the petitioner has been arrayed as accused and the petitioner has 32 previous cases, out of which five cases are similar in nature, out of which four cases are in commercial quantity. He would further submit that the offences are grave in nature and hence, he strongly opposed to grant bail to the petitioner.

This Court heard both sides and perused the materials available on record.

Considering the rival submissions made by the learned counsel on either side, nature of offence, and no recovery was made from this petitioner and though the petitioner has some previous cases, in this case based on the confession of co-accused only, the petitioner has been arrayed as accused and further, the petitioner was in custody on the date of alleged occurrence 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:

[a] Accordingly, the petitioner is ordered to be released on bail on condition to execute a 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 learned Additional District and Sessions Judge/Presiding Officer, Special Court for EC and NDPS Act cases, Pudukottai, and on further conditions that:

[b] the petitioner 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 5.00 p.m, until further orders;

[c] the petitioner shall not commit any offence similar to the offence of which she is accused, or suspected, or of the commission of which she is suspected;

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

[e] the petitioner shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade her from disclosing such facts to the Court or to any police officer or tamper with the evidence;

[f] On breach of any of the aforesaid conditions, the learned Judicial 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].