Muthupandi vs State Of Tamilnadu

S.Srimathy, J

The petitioner, who was arrested and remanded to judicial custody on 02.10.2025 for the offences punishable under Sections 8(c) read with 20(b)(ii)(B) of NDPS Act, 1985, in Crime No.181 of 2025, on the file of the respondent police, seeks bail.

2.The case of the prosecution is that on 02.10.2025, the respondent police seized 1.1 kg of ganja from the petitioner. Hence, this case.

The learned counsel for the petitioner submits that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution. However, he has been arrested and he is languishing in jail from 02.10.2025. Therefore, he prays for grant of bail.

The learned Additional Public Prosecutor appearing for the respondent police opposed for grant of bail on the ground that the investigation is still pending. Further, there are four previous cases against the petitioner among which one case is NDPS case.

5.Considering the fact that the quantity of ganja is not a commercial quantity and considering the duration of the custody, this Court is inclined to grant bail to the petitioner on certain conditions.

Accordingly, the petitioner is ordered to be released on bail, on executing 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 and Sessions Judge / Presiding Officer, Special Court for EC and NDPS Act cases, Pudukkottai, and on further conditions that,

a)the sureties shall affix their photographs and left thumb impression in the surety bond and the Magistrate/concerned court may obtain a copy of their Aadhar card or Bank Pass Book to ensure their identity;

b)the petitioner shall report before the respondent police daily at 10.30 a.m., for two weeks and thereafter, as and when required for interrogation, until further orders;

c)the petitioner shall not tamper with evidence or witness; d)the petitioner shall not abscond during 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 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 of BNS.