Velmurugan @ Aruva Velu vs State

K. Rajasekar, J

The petitioner, who was arrested and remanded to judicial custody on 30.10.2025, for the alleged offence punishable under Sections 8(c) r/w 20(b)(ii)(B) and 29(1) of Narcotic Drugs and Psychotropic Substances Act, 1985 in Crime No.707 of 2025, on the file of the respondent police, seeks bail.

The allegation against the petitioner is that the petitioner along with other accused was involved in possession and sale of 1.200 kgs of ganja. Hence, the complaint was lodged and the petitioner was arrested and is in judicial custody.

Learned counsel appearing for the petitioner submitted that the petitioner is innocent person and has been falsely implicated in this case. He further submitted that the petitioner is in judicial custody since 30.10.2025. Hence, he prayed for grant of bail to the petitioner.

Learned Government Advocate (Crl.Side) appearing for the respondent police reiterated the prosecution case and submitted that the petitioner is ranked as A3. He further submitted that A1 used to purchase the contraband from Andhra Pradesh for the purpose of trafficking, and the petitioner herein was involved in selling it to various places. He further submitted that there is no previous cases pending against the petitioner. However, he opposes to grant bail to the petitioner.

Heard both sides and perused the materials available on record including the First Information Report.

Considering the submissions made by the learned counsel on both sides, the fact that no recovery has been made from the petitioner and no previous cases pending against him, this Court is inclined to grant bail to the petitioners with certain conditions.

Accordingly, the petitioner is ordered to be released on bail on their 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 Judicial Magistrate-II, Ponneri, 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 10.30.a.m., for a period of three weeks and thereafter as and when required for interrogation;

[c] the petitioner shall make himself available for interrogation by a Police Officer as and when required;

[d] the petitioner shall not directly or indirectly cause any threat to the de facto complainant and witnesses;

[e] the petitioner to give an undertaking that if required for being identified by witnesses during investigation or for police custody beyond the first fifteen days, he shall comply to the directions as may be given by the Court in this regard;

[f] 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];

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