P.Ayyampillai Vs The State of Tamil Nadu

The petitioner / A3, who was arrested and remanded to judicial custody on 14.01.2025 for the offences punishable under Sections 8(c) r/w. 20(b) (ii) (C), 29(ii)(A) and 25 of NDPS Act in Crime No.53 of 2019 on the file of the respondent police, seeks bail.

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The case of the prosecution is that the petitioner along with other accused were found in illegal possession of 300kgs of ganja. Hence the case.

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The learned counsel for the petitioner would submit that the respondent police has registered a false case against the petitioner and he has not committed any offence as alleged by the prosecution. He would further submit that the respondent police has not followed Sections 42,50,52(A) and 57 of NDPS Act. The petitioner has been arrested and remanded to judicial custody on 14.01.2025. He would further submit that the petitioner was implicated as an accused based on the confession given by the co-accused. Hence, he prays to grant bail to the petitioner.

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https://www.mhc.tn.gov.in/judis

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CRL OP(MD). No.8570 of 2025

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The learned Additional Public Prosecutor appearing for the

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respondent would submit that petitioner along with other accused were found in illegal possession of 300kgs of ganja which is a commercial quantity. There are materials available as against the petitioner. Hence, he opposed to grant bail to the petitioner.

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

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Considering the rival submissions made by the learned counsel on either side and also the considering the fact that the alleged occurrence took place in the year 2019 and the fact that the petitioner herein was implicated as an accused based on the confession given by the co-accused and the petitioner was in custody in another case on the date of alleged occurrence and the fact that co-accused was released on bail and also taking into consideration the period of incarceration suffered by the petitioner, this Court is inclined to grant bail to the petitioner subject to the following conditions:

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https://www.mhc.tn.gov.in/judis

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CRL OP(MD). No.8570 of 2025 [a] Accordingly, the petitioner is ordered to be released on

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bail on condition to execute 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 Special Principal District

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Judge for EC and NDPS Act Cases, Thanjavur and on further conditions that:

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[b] the petitioner shall report before the trial Court on daily at 10.30 a.m.,and 5.30 pm., until further orders.

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[c] the petitioner shall not commit any offence similar to the offence of which he is accused, or suspected, or of the commission of which he is suspected;

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

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[e] the petitioner shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade her from disclosing such facts to the Court or to any police officer or tamper with the evidence;

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[f] On breach of any of the aforesaid conditions, the learned Judicial Magistrate/Trial Court is entitled to take appropriate action against the petitioner in accordance with law

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https://www.mhc.tn.gov.in/judis

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CRL OP(MD). No.8570 of 2025 as if the conditions have been imposed and the petitioner released

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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

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registered under Section 269 BNS.

(P D B J) 08.04.2026

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