Kayarappu Sathish vs State

C.Kumarappan, J

The petitioner, who was arrested and remanded to judicial custody on 13.01.2026 for the alleged offence under Sections 20(b)(ii)(B) r/w 8(c) of NDPS, Act, in Crime No.11 of 2026 on the file of the respondent police, seeks bail.

The case of the prosecution is that the petitioner was found in illegal possession of 4.100 grams of Ganja. Hence, the present case has been registered against the petitioner.

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 and prays for grant of bail to the petitioner.

Per contra, the learned Government Advocate (Criminal. Side) appearing for the respondent Police submitted that the investigation is still pending and there is one previous case against the petitioner. Hence, he strongly opposed the grant of bail to the petitioner.

At this juncture, the learned counsel for the petitioner would invite the attention of this Court that the petitioner has been regularly appearing before the Trial Court in the connected case which factum is not seriously disputed by the learned Government Advocate.

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

As rightly contended by the learned counsel for the petitioner, the quantity of contraband is not a commercial quantity. In such view of the position, taking into consideration of intermediate quantity of contraband and also considering the period of incarceration and also the fact that the petitioner has been regularly appearing in the case which is pending against him, this Court is inclined to grant bail to the petitioners 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 Special Judge (under NDPS Act) (III Additional Session Judge) at Pondicherry, 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., and 5.30 p.m. for a period of 45 days 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.