Sabarisan Vishwa vs State Of Tamil Nadu

K.K.Ramakrishnan, J

The petitioner/A3, who was arrested and remanded to judicial custody on 05.02.2026 for the offences punishable under Sections 8(c), 20(b)(ii)(B) of the Narcotic Drugs and Psychotropic Substances Act, 1985, in Crime No.42 of 2026 on the file of the respondent police, seeks bail.

The case of the prosecution is that on 05.02.2026 at about 13.00 hours, the petitioner and the other accused were found in illegal possession of 400 Tapendadol Tablets and 1 kg 194 grams of ganja. Hence, the respondent police registered a case against the petitioner and others in Crime No.42 of 2026 for the aforesaid offences and arrested the petitioner on 05.02.2026. Hence, this petition.

The learned counsel appearing for the petitioner would submit that the petitioner is an innocent person and he has not committed any offences as alleged by the prosecution. He would further submit that even though A1 detained under Act 14, the petitioner was not detained under Act, 14 and he has no previous case in similar nature and the petitioner is in custody from 05.02.2026. Hence, he seeks bail.

The Additional Public Prosecutor vehemently opposed to grant bail to the petitioner on the ground that the petitioner and other accused were found in illegal possession of 400 Tapendadol Tablets and 1 kg 194 grams of ganja and the petitioner has 1 previous case under the Arms Act, and the investigation is in preliminary stage.

This perused the rival submissions and perused the materials available on record.

According to the learned counsel for the petitioner he has no previous case similar in nature and he has only 1 small case under Arms Act, for the possession of an Aruval, except that too in the year 2025.

Considering the period of incarceration and also considering the submission made by the learned counsel for the petitioner, this Court is inclined to grant bail to the petitioner, subject to the following conditions:

Accordingly, the petitioner is 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 Special Court Under E.C Act, Thanjavur, 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] the petitioner shall report before the respondent police, daily at 10.30 a.m., for a period of 15 days and thereafter, as and when required;

[c] the petitioner shall not abscond either during investigation or trial;

[d] the petitioner shall not tamper with evidence or witness either during investigation or trial;

[e] 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];

[f] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 BNS.

Considering the facts of the case, this Court passed this order insofar as the petitioner is concerned, and this is not applicable to the other accused in this case.