Muthaiya vs State Of Tamil Nadu

P. Dhanabal, J

1.The petitioner / A3, who was arrested and remanded to judicial custody on 01.07.2025 for the offences punishable under Sections 8(C), 20(b)(ii)(C), 25 of NDPS Act in Crime No.362 of 2018 on the file of the respondent police, seeks bail.

The case of the prosecution is that the petitioner along with other accused were found in illegal possession of 142kgs of ganja. Hence the case.

The learned counsel for the petitioner would submit that the respondent police has registered a false case against the petitioner and he has not committed any offence as alleged by the prosecution. The petitioner has been arrested and remanded to judicial custody on 01.07.2025.. Hence, he prays to grant bail to the petitioner.

The learned Government Advocate(Crl.Side) appearing for the respondent would submit that petitioner along with other accused were found in illegal possession of 142kgs of ganja. He would further submit that earlier Non Bailable Warrant was issued as against the petitioner and only on execution of Non Bailable Warrant he was arrested and remanded to judicial custody. Hence, he 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 and also the considering the fact that investigation has been completed in this case and charge sheet has been filed and though the contraband involved in this case is a commercial quantity no contraband was recovered from this petitioner and this petitioner was arrayed as an accused only based on the confession statement given by the co-accused and also considering the fact that no previous case is pending against the petitioner and also taking into consideration the period of incarceration suffered by the petitioner, 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 learned Additional District Judge,Special Court for EC and NDPS Act cases, Thanjavur and on further conditions that:

[b] the petitioner shall report before the trial court daily at 10.30 a.m.,until further orders.

[c] the petitioner shall not commit any offence similar to the offence of which he is accused, or suspected, or of the commission of which he 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.