Surya v. The State of Tamilnadu Rep.By

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 22.07.2026 PRESENT THE HONOURABLE MR. JUSTICE K. RAJASEKAR CRL OP(MD). No. 12117 of 2026 Surya

...Petitioner

Vs State of Tamil Nadu rep. by The Inspector of Police, PEW - Madurai City, Madurai City. (Crime No.196 of 2025)

...Respondent/Complainant

For Petitioner : Mr.S.Arokia Selva Ramesh

Advocate

For Respondent : Mr.T.Lenin Kumar Counsel for State of TN (Crl. Side) PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- For Bail in Cr.No. 196 of 2025 on the file of the respondent police. ORDER : The Court made the following order :- The petitioner / Accused, who was arrested and remanded to judicial custody on 02.12.2025, for the offences punishable under Sections 8(c) r/w. 20(b)(ii)(C), 25 and 29(1) of NDPS Act, in Crime No.196 of 2025 on the file of the respondent police, seeks bail.

¶2The case of the prosecution is that on 24.08.2025 at about 06.30 a.m, the respondent police received the secret information regarding the transportation of Ganja in a auto bearing Registration No.TN 58 V 2709 near Azhagappan Railway Gate, Madurai. Thereafter, the respondent Police arrived at the alleged occurrence at about 07.30 a.m., where the respondent caught A1 to A4 with illegal possession of 22 kgs of Ganja. Based on the statement recorded from the arrested accused, this petitioner is alleged to have been actively involved in finance and trafficking the ganja along with other accused. Hence, he was added as accused No.7 and remanded into judicial custody.

¶3The learned counsel for the petitioner would contend that the respondent police have registered a false case against the petitioner for the offences punishable under Sections 8(c) r/w 20(b)(ii)(C), 25 and 29(1) of NDPS Act, 1985. The petitioner is an innocent and he is nothing to do with the alleged offences. He would further contend that the no contraband was recovered from the petitioner and based on the CDR report, he has been arrayed as A8. He is in judicial custody from 02.12.2025. He further submitted that similarly placed accused, A8 was also granted bail by this Court in Crl.O.P.

(MD).No.5714 of 2026 dated 16.04.2026. Therefore prayed to grant bail to the petitioner.

¶4The learned Counsel appearing for the State reiterated the prosecution case and reported that the petitioner is also having one previous case and he fairly submitted that except the confession statement of the co-accused no other material has been seized and produced. However, he would further submit that considering the bad antecedents of the petitioner, this petition has to be dismissed.

¶5This Court heard both sides and perused the materials available on record.

¶6This Court granted bail to A8 in Crl.O.P.(MD).No.5714 of 2026 on the following grounds: "6. Considering the rival submissions made by the learned counsel on either side, nature of offence and no contraband was recovered from the petitioner and based on the confession of Coaccused and CDR report, he has been arrayed as A8 and though the petitioner has five previous cases, in all cases the petitioner was granted bail and also considering the period of incarceration undergone by the petitioner from 29.09.2025, this Court is inclined to grant bail to the petitioner subject to the following conditions: "

7.It is also stated before this Court that except the confession statement of the co-accused no other material have been relied on by the prosecution. Even though they have filed final report there is no incriminating material as on date has been produced to implicate this petitioner as accused.

¶8The Hon'ble Supreme Court in Tofan Singh Vs State of Tamil Nadu has declared that statement recorded under Section 67 of NDPS Act or the statement recorded by police alone is not sufficient to link the accused with the contraband. Since, there is no material or prima facie evidence available against the accused, except the confession relied on by the prosecution to link the accused, therefore, considering the above facts, particularly that the petitioner has been in prolonged incarceration, that similarly placed co-accused has already been granted bail vide order in Crl.O.P.(MD).No.5714 of 2026 dated

16.04.2026, this Court is inclined to grant bail to the petitioner, subject to certain conditions. [a] Accordingly, the petitioner is ordered to be released on bail on condition to execute a bond for a sum of Rs.20,000/- (Rupees Twenty Thousand only) with two sureties each for a like sum to the satisfaction of the learned District and Sessions Judge, Principal Special Court for NDPS Act Cases, Madurai, and on further conditions that: [b] the petitioner shall appear before learned District and Sessions Judge, Principal Special Court for NDPS Act Cases, Madurai, at 10.30 a.m., on all working days, until further orders: [c] the petitioner shall not commit any offence similar to the offence of which he/she is accused, or suspected, or of the commission of which he/she 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 her 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 Judicial 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 51730]. [g] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 BNS.

(K R S J)

22.07.2026 TM To

1.The District and Sessions Judge, Principal Special Court for NDPS Act Cases, Madurai.

2.The Inspector of Police, PEW - Madurai City, Madurai City. (Crime No.196 of 2025)

3.The Superintendent, Central Prison, Madurai.

4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

K. RAJASEKAR, J. TM ORDER IN CRL OP(MD) No. 12117 of 2026 Date : 22.07.2026