Sundar And Others vs State Of Tamilnadu

S.Srimathy, J

The petitioners, who were arrested and remanded to judicial custody on 15.10.2025 for the offences punishable under Sections 8(c), 20(b)(ii)(B) and 29(1) of the Narcotic Drugs and Psychotropic Substances Act, 1985, in Crime No.488 of 2025 on the file of the respondent police. seek bail.

The case of the prosecution is that the petitioners were found in illegal possession of 2.100 kgs of Ganja. Hence, the complaint.

The learned counsel for the petitioners submitted that the petitioners are innocent persons and they have not committed any offences as alleged by the prosecution. He further submitted that the petitioners are ready and willing to abide by any conditions which may be imposed by this Court and they are in judicial custody from 15.10.2025. Hence, he seeks bail to the petitioners.

The learned Additional Public Prosecutor submitted that there are eight previous cases pending against the 1st petitioner and 7 previous cases pending against the 2nd petitioner and 3 previous cases pending against the 3rd petitioner. Hence, he opposed for grant of bail to the petitioners.

Taking into consideration of the facts and circumstances of the case and also the fact that the quantity of the contraband is not commercial and also considering the period of incarceration suffered by the petitioners, this Court is inclined to grant bail to the petitioners, subject to the following conditions:

Accordingly, the petitioners are ordered to be released on bail on executing a separate 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 Principal Special Court for Narcotic Drugs & Psychotropic Substances Act, Madurai, and on further conditions that :-

[a] the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the Magistrate may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity.

[b] each of the petitioner shall make a non refundable deposit of Rs.3,000/- (Rupees Three Thousand only) to the credit of The Head Master, Government Model Girls Higher Secondary School, Y.Othakkadai, Madurai, in SBI Account No. 10968750674, IFSC No.SBI0002246, State Bank of India Y.Othakkadai, Madurai. This fund shall be utilized for the purpose of purchasing furniture (Benches & Desks) for newly constructed class rooms under '' Namakku Name'' Scheme, without prejudice to their contentions and rights before the trial Court, and on such deposit being made, the learned Principal Special Court for Narcotic Drugs & Psychotropic Substances Act, Madurai, shall accept the sureties furnished by the petitioners;

(c ) the petitioners shall stay at Chennai, and report before the Inspector of Police, V-5 Police Station, Thirumangalam, Chennai, daily at 10.30 a.m., until furthe orders.

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

[e] the petitioners shall not tamper with evidence or witness either during investigation or trial.

[f] On breach of any of the aforesaid conditions, the learned 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.