Surya vs State Of Tamilnadu

S.Srimathy, J

The petitioner/Accused No.3 , who was arrested and remanded to judicial custody on 22.09.2025 for the offences punishable under Sections 8(c) read with 20(b)(ii)(B) of NDPS Act in Crime No.199 of 2025, on the file of the respondent police, seeks bail.

2.The case of the prosecution is that on 16.05.2025 at about 08.45 am, the respondent police seized 1.1 kg of ganja. Hence, this case.

The learned counsel for the petitioner submits that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution. However, he has been arrested and he is languishing in jail from 22.09.2025. Therefore, he prays for grant of bail.

The learned Additional Public Prosecutor appearing for the respondent police opposed for grant of bail on the ground that the investigation is still pending. Further, the petitioner has 17 previous cases against him among which 4 cases are NDPS cases.

It is further stated that among the 4 NDPS cases, 3 NDPS cases ended in acquittal.

5.Considering the fact that the quantity of ganja is below commercial quantity and considering the duration of the custody, this Court is inclined to grant bail to the petitioner on certain conditions.

Accordingly, the petitioner is ordered to be released on bail, on executing a 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 Additional District Judge / Presiding Officer, Special Court under Essential Commodities 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/concerned court 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., until further orders;

c)the petitioner shall not tamper with evidence or witness;

d)the petitioner shall not abscond during trial;

e)On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the petitioner in accordance with law as if the 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)AIR SCW 5560].

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