Saravanan vs State

C.Kumarappan, J

The petitioner, who was arrested and remanded to judicial custody on 24.02.2026 for the alleged offences under Sections 123 of BNS 2023 r/w 8(c), 20(b)(ii)(A) of NDPS Act, in Crime No.36 of 2026 on the file of the respondent police, seeks bail.

The case of the prosecution is that the petitioner, along with the other accused, was found in possession of 350 grams of ganja and the same was seized by the respondent police. Hence, a case has been registered against the petitioner.

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. He further submitted that the petitioner has been in custody since 24.02.2026 and 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 reiterated the prosecution case and submitted that there are totally 3 accused in this case and the petitioner herein is ranked as A3. He further submitted that the quantity involved falls under the category of intermediate quantity and that the petitioner has no previous case against him. Hence, he opposed to grant bail to the petitioner.

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

From the submissions made by the learned Government Advocate (Crl.Side), it is seen that the petitioner has come to adverse notice for the first time and that the narcotic substance is only of small quantity. It is also noted that no recovery has been made from the petitioner. Taking into consideration the fact that the petitioner has been in incarceration since 24.02.2026 and that he has no previous case, 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, Tandrampattu, and on further conditions that:

[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 daily at 5.30 p.m. for a period of 30 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 pass appropriate orders against the petitioner in accordance with law as if the aforementioned 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)13 SCC 283];

[f] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S.