Sadham Usain vs State, Rep. By, Through The Inspector Of Police,

C.Kumarappan, J

The petitioner, who was arrested and remanded to judicial custody on 13.03.2026 for the alleged offences under Sections 8(c), 20(b)(II)(A) of the NDPS Act and 123 of BNSS in Crime No.70 of 2026 on the file of the respondent police, seek bail.

2.The case of the prosecution is that the petitioner, along with the other accused, was found in possession of 156 grams of Ganja, and hence, the present case has been registered.

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. She further submitted that the petitioner has been in custody since 13.03.2026 and is ready to abide by any stringent conditions that may be imposed by this Court. Hence, she prayed for grant of bail to the petitioner.

The learned Government Advocate (Crl. Side) appearing for the respondent police fairly submitted that there are totally two accused in this case and that the petitioner is ranked as A1. He further submitted that the petitioner has one previous case and that the conscious possession of the petitioner is only 156 grams of Ganja, which falls under intermediate quantity and that the same was recovered from the petitioner. However, he opposed the grant bail to the petitioner.

I have given my anxious consideration to the submissions made by the learned counsel appearing on either side and also perused the materials available on record.

Though the petitioner has one previous case, the recovery from the petitioner is only a small quantity and, also taking into account the period of incarceration of the petitioner since 13.03.2026, this Court is inclined to enlarge the petitioner on bail, subject to the following 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 District Munsif Cum Judicial Magistrate Court, Madukkarai, 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 twice a day at 10.30 a.m. and 05.30 p.m. for a period 15 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 petitioners thereafter abscond, a fresh FIR may be registered under Section 269 of the Bharatiya Nyaya Sanhita, 2023.