B.Palanisamy Vs The State of Tamil Nadu

The petitioner / accused, who was arrested and remanded to judicial custody on 09.05.2025 for the offences under Sections 8(c), 20(b)(ii)(B) of the Narcotic Drugs and Psychotropic Substances Act, 1985, and Section 25(1B)(b) of Arms Act, in Crime No.368 of 2025 on the file of the respondent police, seeks bail.

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The case of the prosecution is that on 08.05.2025 at about 22.50 Hrs, the defacto complainant, who is the Sub Inspector of Police, and his team, while on a crime patrol duty in the Tenkasi Ulavar Market area, which is within the respondent police station's jurisdiction, a person with plastic bag tried to flee on the lower bank of the river opposite Ulavar Market upon seeing the police. When he was questioned, he had 1.100 kg of ganja in his Plastic bag and a large Sickle in his hand. While the respondent police enquiring about the the Sickle, he said that he had several cases pending against him and that he used it to slash enemies if he saw them. Hence, the case.

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The learned counsel for the petitioner would submit that the petitioner is an innocent and he has not committed any offence as alleged by the prosecution. He would further submit that a false case has been foisted against the petitioner. He would further submit that the petitioner is in custody from 09.05.2025. Hence, he

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seeks bail.

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The learned Government Advocate (Criminal Side) would submit that the petitioner was found in possession of 1.100 kg of ganja in his Plastic bag and a large Sickle in his hand. He would further submit that investigation in this case has not been completed. He, however, would submit that the investigation in this case is still pending and that, at this stage, if bail is granted to the petitioner, he will abscond and tamper with the evidence. He, therefore, opposes the grant of bail to the petitioner.

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This Court has heard the learned counsel on both sides and perused the materials available on record.

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Taking into consideration the facts and circumstances of the case and the nature of the offence allegedly committed by the petitioner and also taking into consideration the period of incarceration and the alleged properties have already been recovered from the petitioner, this court is inclined to grant bail to the petitioner, however, subject to the following conditions:

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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 learned Special District and Sessions Judge for EC and NDPS Act Cases, Madurai, and on further conditions

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that:-

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[a] the sureties shall affix their photographs and Left Thumb Impression in the

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surety bond and the Magistrate may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity.

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[b] the petitioner shall furnish his residential address and mobile number to the Special District and Sessions Judge for EC and NDPS Act Cases, Madurai. If the petitioner changes his residential address, he shall report the same to the Special District and Sessions Judge for EC and NDPS Act Cases, Madurai.

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[c] the petitioner shall stay at Madurai District and sign before the Inspector of Police, Thideer Nagar Police Station, Madurai daily twice at 10.30 a.m. and 05.30 p.m. until further orders.

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

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

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[f] 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].

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[g] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of BNS, 2023.

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