Madesh vs State Of Tamilnadu

P. Dhanabal, J

The petitioner/A5, who was arrested and remanded to judicial custody on 30.07.2025 for the offences punishable under Sections 8(C), 20(b)(ii)(B), 22(c) of NDPS Act, in Crime No.524 of 2025 on the file of the respondent police, seeks bail.

The case of the prosecution is that on 29.07.2025 at about 14.30 hours, based on the secret information, while the police officials along with other police parties were on patrol duty, at that time, they found that the petitioner and other accused persons were in possession of 1.5 kgs of Ganja in a car. Hence, the respondent police registered a case against the accused for the aforesaid offences and arrested them.

The learned counsel for the petitioner would submit that the petitioner is an innocent and he was falsely implicated in this case and he is no way connected in the above said incident. He would further submit that no contraband was recovered from the petitioner and based on the confession of the co-accused, he has been implicated in this case. He would further submit that the co-accused were arrested and released on bail. The petitioner has been arrested and remanded to judicial custody on 30.07.2025. Hence, he prays to grant bail to the petitioner.

The learned Government Advocate (Crl. Side) appearing for the respondent Police would submit that the petitioner has two previous cases. He would further submit that the investigation has been completed and final report has also been filed and the same was taken on file in C.C.No.12 of 2026 by the learned Additional District Judge/Presiding Officer, Special Court for EC Act, Thanjavur. 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, quantity of the material involved in this case and considering the fact that the petitioner was arrayed as accused only based on the confession of the co-accused and no contraband was recovered from this petitioner and according to the prosecution, the entire contraband was recovered from the other accused and the co-accused were arrested and released on bail and though the petitioner has two previous cases, in both cases, he was arrayed as accused based on the confession of the co-accused and no contraband was recovered this petitioner and the investigation has completed and final report has also been filed and the same was taken on file in C.C.No.12 of 2026 by the learned Additional District Judge/Presiding Officer, Special Court for EC Act, Thanjavur and also considering the period of incarceration undergone by the petitioner from 30.07.2025, 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 l learned Additional District Judge/Presiding Officer, Special Court for EC Act, Thanjavur, and on further conditions that:

[b] the petitioner shall report before the learned Additional District Judge/Presiding Officer, Special Court for EC Act, Thanjavur, on all working days at 10.30 a.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].

[g] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 BNS.