Saravanan @ Kuttai Saravanan And Others vs State Of Tamilnadu

P. Dhanabal, J

The petitioners / Accused, who were arrested and remanded to judicial custody on 16.03.2026 for the offences punishable under Sections 8(c) r/w 20(b)(ii)(B) of NDPS Act, 1985, in Crime No. 36 of 2026 on the file of the respondent police, seek bail.

The case of the prosecution is that on 16.03.2026 at about 01.00 a.m,, based on the secret information, the respondent police went to the place of occurrence at Mudiveeranpattinam Beach Murugan Temple and found 4 persons were standing along with bags in suspicious manner. On seeing the police party, he tried to escape from the scene of occurrence. However, the respondent police nabbed them and on searching, he was found in illegal possession of 3 kg of ganja. Hence the case.

The learned counsel appearing for the petitioners would submit that the petitioners are innocent and they were falsely implicated in this case and they have not committed any offence as alleged by the prosecution. He would further submit that the quantity involved in this case is not a commercial quantity and the co-accused was already released on bail by this Court dated 08.04.2026 in Crl.OP(MD)No.6896

The learned Additional Public Prosecutor appearing for the respondent would submit that the petitioners were found in illegal possession of 3 kg of ganja and the investigation is still pending and the first petitioner has 5 previous cases not similar in nature and all are IPC case and the petitioners 2 &3 are having 6 previous cases similar in nature and among them, 3 cases are intermediate quantity and the quantity involved in this case is not a commercial quantity and the co-accused was already released on bail by this Court.

This Court heard both sides and perused the materials available on record.

Considering the rival submissions made by the learned counsel on either side, nature of offence, and the quantity involved in this case is not a commercial quantity and even according to the prosecution, separate mahazar has been prepared and the contraband was recovered from each petitioner through separate mahazar and though the first petitioner is having 5 previous cases, those cases are not similar kind of offences and all are IPC cases and the though the petitioners 2 &3 are having 6 previous cases, and those cases are not a commercial quantity and among 6 cases, one case was ended in acquittal and the remaining cases, they were released on bail and the co-accused was already released on bail by this Court and considering the period of incarceration undergone by the petitioners, this Court is inclined to grant bail to the petitioners subject to the following conditions:

[a] Accordingly, the petitioners are ordered to be released on bail on condition to execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) each with two sureties each for a like sum to the satisfaction of the Additional District and Sessions Judge/Presiding Officer, Special Court for EC and NDPS Act Cases, Pudukottai, and on further conditions that:

[b] the first petitioner shall report before the respondent police daily at 10.30 a.m., until further orders and the petitioners 2 & 3 shall report before the learned Judicial Magistrate, Gudalur, Nilgris District daily at 10.30 a.m until further orders;

[c] the petitioners shall not commit any offence similar to the offence of which he/she is accused, or suspected, or of the commission of which he/she is suspected;

[d] the petitioners shall not abscond either during investigation or trial;

[e] the petitioners 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 petitioners in accordance with law as if the conditions have been imposed and the petitioners 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.