Malik Basha @ Uppu Malik And Others vs State Of Tamilnadu

S.Srimathy, J

The petitioners, who were arrested and remanded to judicial custody on 12.10.2025 for the offences punishable under Sections 8(c) r/w. 20(b)(ii)(B) of NDPS Act, 1985, in Crime No. 383 of 2025 on the file of the respondent police, seek bail.

The case of the prosecution is that the petitioners were found to be in illegal possession of 1.200 kilograms of ganja. Hence, the complaint.

The learned counsel for the petitioners submitted that the petitioners are innocent person and they have not committed any offences as alleged by the prosecution. He further submitted that the petitioners are in judicial custody from 12.10.2025. Hence, he seeks bail to the petitioner.

The learned Additional Public Prosecutor submitted that 15 previous cases are pending against the petitioners. Therefore, he opposed for grant of bail to the petitioners.

Taking into consideration the fact that even though the petitioners have previous cases, the present case does not involve commercial quantity and also considering the period of incarceration suffered by the petitioners, this Court is inclined to grant bail to the petitioners, subject to the following conditions:

Accordingly, the petitioners are ordered to be released on bail on executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) each with two sureties, each for a like sum to the satisfaction of the learned Additional District and Sessions Judge / Presiding Officer, Special Court for E.C and NDPS Cases, Pudukottai, and on further conditions that :-

[a] the petitioners and the sureties shall affix their photographs and left thumb impression in the surety bond and the Magistrate may obtain a copy of their Aadhaar card or bank pass book to ensure their identity.

[b] the petitioners shall report before the respondent police daily at 10.30 a.m., 1.00 p.m., and 5.00 p.m., until further orders.

[c] the petitioners shall not tamper with the evidence or witness either during investigation or trial.

[d] the petitioners 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 petitioner in accordance with law as if the conditions have been imposed and the petitioner is 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].

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