Jeyapandi v. State of Tamilnadu Rep by Inspector of Police, Usilampatti Town

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 17.04.2026 PRESENT THE HONOURABLE MR.JUSTICE P.DHANABAL CRL OP(MD)No.6073 of 2026 Jeyapandi ... Petitioner / Accused No.2

Versus The State of Tamilnadu, Rep by the Inspector of Police, Usilampatti Town Police Station, Madurai District. (Crime No.429 of 2019) ... Respondent / Complainant PRAYER :-Criminal Original Petition filed under Section 483 of the BNSS, 2023, to enlarge the petitioner on bail in Crime No.429 of 2019 on the file of the respondent police. For Petitioner : M/s.K.Kavitha, Advocate

For Respondent : Mr.B.Nambi Selvan, Additional Public Prosecutor ORDER : The Court made the following order :- The petitioner/accused, who was arrested and remanded to judicial custody on 17.04.2024 for the offences punishable under Sections 8(c), 20(b)(ii)(C), 25 and 29(1) of the Narcotic Drugs and Psychotropic Substances Act, 1985, in Crime No.429 of 2019 on the file of the respondent police, seeks bail.

¶2The case of the prosecution is that, on 28.08.2019 at about 7.45 hours, the respondent police, based upon secret information, proceeded along with a police party and necessary equipment, and found the accused persons in joint possession of 23.5 kgs of ganja. Hence, the case has been registered.

¶3The learned counsel appearing for the petitioner would submit that the petitioner is innocent and has not committed any offence as alleged by the prosecution. He would further submit that no contraband was recovered from the petitioner and that he has been implicated only on the basis of the confession of the co-accused. He would also submit that the petitioner was arrested and remanded to judicial custody on

17.04.2024. Hence, he seeks grant of bail for the petitioner.

¶4The learned Additional Public Prosecutor appearing for the respondent police would submit that the petitioner has been arrayed as A2 and had possession of 23.50 kg of ganja and offences are grave in nature. He would further submit that there are no previous cases against the petitioner. Accordingly, he opposed the grant of bail to the petitioner.

¶5This Court heard the learned counsel appearing on either side and perused the materials placed on record.

¶6Considering the rival submissions made by the learned counsel on either side, the nature of the offence, the fact that there are no previous cases against the petitioner and considering that there was no recovery from the petitioner and also considering the period of incarceration of the petitioner from 17.04.2024, this Court is inclined to grant bail to the petitioner subject to the following conditions: [a] Accordingly, the petition is allowed and 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 Principal Special Court for EC and NDPS Act Cases, Madurai, and on further conditions that :- [b] the petitioner shall report before the learned Principal Special Court for EC and NDPS Act Cases, Madurai, daily at 10.30 a.m. and 05.00 p.m., on all working days, until further orders; [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; [d] the petitioner shall not abscond either during investigation or trial; [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 him from disclosing such facts to the Court or to any police officer or tamper with the evidence; [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]; and [g] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 BNS.

17.04.2026 pal To

1.The Principal Special Court for EC and NDPS Act Cases, Madurai.

2.The Superintendent, Central Prison, Madurai.

3.The Inspector of Police, Usilampatti Town Police Station, Madurai District.

4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. CRLoOP(MD).oNo.6073oofo2026 oP.DHANABALoo,Jo. ooooooooooooooooooooooooooooooooooooooooooooopal ORDER oooooooooooooooooooooooooooooooooooooIN oooooooooooooooooooooooooCRLoOP(MD)oNo.6073oofo2026 Dateoo:o17.04.2026