Vigneshwaran vs State

K. Rajasekar, J

The petitioner, who was arrested and remanded to judicial custody on 31.12.2025 for the alleged offence under Section 8(c), 20(b)(ii)(A), 22(b), 29(1), 25 of NDPS Act, 1985 in Crime No.384 of 2025 on the file of the respondent police, seeks bail.

The allegation against the petitioner is that the petitioner joining hands with other accused were in illegal possession and transportation of totally 2.5 grams of Methamphetamine and 190 grams of OG ganja and the same was seized and the petitioner was arrested along with other accused and remanded to judicial custody on 31.12.2025. Hence, the case has been registered.

The learned counsel for the petitioner submitted that the petitioner is innocent and he has been falsely implicated in this case and that he has not committed any offence as alleged by the prosecution. He further submitted that he is a college student and it is not a case of commercial quantity and he is ready to abide by any stringent conditions that may be imposed by this Court and ready to cooperate with the investigation. Hence, he prayed to grant bail to the petitioner.

The learned Government Advocate (Criminal Side) appearing for the respondent Police reiterated the prosecution's case and, upon instructions, submitted that totally there are five accused in this case and that the petitioner is ranked as A3 and he is a college student. He further submitted that it is not a case of commercial quantity and he is not having previous bad antecedents.

However, he opposed to grant bail to the petitioner.

Considering the nature of allegations levelled against him; and also the fact that it is not a case of commercial quantity; and no previous bad antecedents have been registered against him, and also considering the period of incarceration undergone by the petitioner, this Court is inclined to grant bail to the petitioner subject to certain 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 Principal Special Judge, Principal Special Court under EC & NDPS Act, Chennai-600 104, 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 06.00 p.m., for a period of four weeks and thereafter, as and when required for interrogation;

[c] 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];

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