Karthick vs State

C.Kumarappan, J

The petitioner, who was arrested and remanded to judicial custody on 10.02.2026 for the alleged offence under Sections 8(c) r/w 20(b)(ii)(B) and 29(1) of NDPS Act, in Crime No.6 of 2025 on the file of the respondent, seeks bail.

The case of the prosecution is that the petitioner, along with the other accused, was found to be in illegal possession of 1.300 kgs of ganja. Hence, the case.

The learned counsel for the petitioner would submit that there are about two accused and this petitioner is A2. He would further submit that the petitioner has been under incarceration since 10.02.2026 and he is ready to abide by any stringent condition that may be imposed by this Court. Hence, he prays for the grant of bail.

The learned Government Advocate would strongly oppose the bail application on the ground that the petitioner has five previous cases, out of which, two of them are under NDPS Act.

I have given my anxious consideration to the submissions made by the learned counsel on either side.

From the submissions made by the learned Government Advocate, there are about two accused and the present petitioner is A2 and that he has been under incarceration since 10.02.2026 and that there was no recovery from this petitioner and the recovery of 1.300 kgs of ganja was made only from A1. The learned Government Advocate would further submit that the petitioner has got five previous cases, out of which, two of them are NDPS cases.

At this juncture, the learned counsel for the petitioner would submit that that petitioner's wife died on 08.04.2022. Hence, taking into consideration of the fact that there was no recovery from this petitioner and that what was recovered from A1 is 1.300 kgs of ganja, which is an intermediate quantity and also considering the long incarceration of the petitioner since 10.02.2026, this Court is inclined to enlarge the petitioner on bail with 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, Ambattur, subject to the following conditions:

[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 and 5.30 p.m until further orders and it is made clear that no relaxation petition will be entertained within a period of 90 days;

[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 take appropriate action against the petitioner in accordance with law as if the conditions had been imposed and the petitioner released on bail by the learned Magistrate/Trial Court itself, as laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005)13 SCC 283];

[f] if the petitioner thereafter abscond, a fresh FIR may be registered under Section 269 of the Bharatiya Nyaya Sanhita, 2023.