Rajkumar vs State

C.Kumarappan, J

The petitioner, who was arrested and remanded to judicial custody on 26.01.2026 for the alleged offences under Section 8(c) read with Sections 20(b) (ii)(B), 29(1) of the NDPS Act, 1985, in Crime No.27 of 2026 on the file of the respondent police, seeks bail.

It is the case of the prosecution that the petitioner, along with co-accused were found in illegal possession of 1.20 kilograms of Ganja. Hence, the case.

The learned counsel for the petitioner would submit that the investigation has been completed and that the petitioner has been in custody since 26.01.2026. He further submitted that the petitioner is ready to abide by any stringent conditions that may be imposed by this Court. Hence, he prayed for grant of bail to the petitioner.

The learned Government Advocate (Crl. Side) appearing for the respondent police, while opposing the grant of bail, reiterated the prosecution case and, on instructions, submitted that there are seven previous cases pending against the petitioner, and that the earlier bail application filed by the petitioner was dismissed. He also fairly submitted that the investigation has been completed.

I have given my anxious consideration to the submissions made by the learned counsel on either side.

Though the earlier bail application was dismissed, now that, taking into consideration of the completion of investigation, the period of incarceration undergone by the petitioner since 26.01.2026, and the fact that the contraband seized is of threshold intermediate quantity, 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 executing a bond for a sum of Rs.25,000/- (Rupees Twenty-Five Thousand only) each, with two sureties each for a like sum, to the satisfaction of the learned Judicial Magistrate-II, Alandur, and subject to the following conditions:

[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 respondent police everyday at 10.30 a.m. for a period of 60 days and thereafter as and when required for interrogation;

[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 take appropriate action against the petitioner in accordance with law as if the conditions had been imposed and the petitioner released on bail by the learned Magistrate/Trial Court itself, as laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005)13 SCC 283];

[f] if the petitioner thereafter abscond, a fresh FIR may be registered under Section 269 of the Bharatiya Nyaya Sanhita, 2023.