Murugesan vs State

C.Kumarappan, J

The petitioner, who was arrested and remanded to judicial custody on 12.03.2026 based on execution of NBW dated 18.09.2025 in C.C.No.77 of 2025 on the file of the learned Additional District Judge / Presiding Officer, Special Court for Essentials Commodities Act Cases, Coimbatore, for the offences punishable under Sections 8(c) r/w 20(b)(ii)(B) of NDPS Act, seeks bail.

The case of the prosecution is that the petitioner was found in possession of 1 Kg and 200 Grams of Ganja. Hence, the case.

The learned counsel for the petitioner submitted that the petitioner has been falsely implicated in this case and that he has not committed any offence as alleged by the prosecution. He further submitted that the petitioner has been in custody since 12.03.2026 and is ready to abide by any stringent conditions that may be imposed by this Court. Hence, he prayed to grant bail to the petitioner.

The learned Government Advocate (Crl.Side) appearing for the respondent police would submit that it is a case of jumped bail and that the case involves an intermediate quantity of 1 Kg and 200 Grams of Ganja. She would further submit that the case is now posted for examination of LW1.

Taking into consideration of the totality of the circumstances and the fact that the case is posted for examination of LW1 and that the petitioner has been in incarceration since 12.03.2026, this Court is of the firm view that further incarceration of the petitioner is not required. Hence, this Court is inclined to enlarge the petitioner on bail, subject to 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 Additional District Judge / Presiding Officer, Special Court for Essential Commodities Act Cases, Coimbatore, 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 concerned Court daily at 10.30 a.m., until further orders;

[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.