Gowseelan @ Gowsick v. State of Tamil Nadu Rep. by the Inspector of Police,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 06/08/2026 CORAM THE HONOURABLE MR. JUSTICE K. RAJASEKAR Gowseelan @ Gowsick ... Petitioner/Accused No.9 Vs State of Tamil Nadu Rep. By, The Inspector of Police, Annamalai Nagar Police Station, Cuddalore District. Crime No.69 of 2025 ... Respondent/Complainant PRAYER :- For Bail in Crime No.69 of 2025 on the file of the Respondent Police. For Petitioner : Pradeep S, Advocate. For Respondent : Mr.T.Lenin Kumar, Counsel For State of TN (Crl.Side) ORDER : The Court made the following order :- The petitioner / Accused, who was arrested and remanded to judicial custody on 19.04.2026, for the offences punishable under Sections 8(c) and 20(b)(ii)(C) of NDPS Act, in Crime No.69 of 2025 on the file of the respondent police, seeks bail.

¶2The case of the prosecution is that on 19.04.2024, based on prior information, the police party conducted a search near Annamalainagar Vadakkirapur Graveyard, where they found six accused. After complying with the mandatory provisions, a search was conducted, and 21 kg of ganja was recovered. Thereafter, based on the statements recorded from them, the petitioner herein was added as an accused on the ground that he had also actively participated in the trafficking. Hence, the FIR was registered by the respondent police, and the petitioner was arrested on

19.04.2026.

¶3The learned counsel appearing for the petitioner would submit that the petitioner is innocent and he was falsely implicated in this case and he has not committed any offence as alleged by the prosecution. He would further submit that except A1 and the petitioner, all the accused were released on bail under various orders passed by this Court in Crl.OP(MD)No.2706 of 2026, Crl.OP(MD)No.21122 of 2025, Crl.OP(MD)No.6945 of 2026, Crl.OP(MD)No.7068 of 2026 and Crl.OP(MD)No.23696 of 2026 vide orders dated 16.04.2026,

17.06.2026, 20.04.2026 & 29.04.2026 respectively and the petitioner is in custody from 19.04.2026 and ready to abide any condition imposed by this Court. Hence, he prayed bail for the petitioner.

¶4The learned Counsel appearing for the State reiterated the prosecution case and reported that the quantity involved in this case is a commercial quantity, hence, Section 37 of the NDPS Act will applicable to this case. If he is released out of bail, again he will indulge in similar activities. He opposed the grant of bail to the petitioner.

¶5I have gone through the FIR and also the bail orders of the co-accused passed by this Court.

¶6While considering the bail petition of the co-accused in Crl.OP(MD)No.23696 of 2025 dated 29.04.2026, this Court observed as follows;- " 6. Considering the rival submissions made by the learned counsel on either side, considering the nature of charges levelled against the petitioner, no contraband was recovered from this petitioner, only based on the confession statement made by the co-accused this petitioner was implicated in this case, co-accused in this case has been released on bail, though the petitioner is having 18 previus cases, they are not similar in nature and some of the cases have been disposed of and in remaining cases he was granted bail, and considering the period of incarceration undergone by the petitioner, this Court is inclined to grant bail to the petitioner subject to the following conditions"

¶7While considering the bail petition of the co-accused in Crl.OP(MD)No.7068 of 2026 dated 20.04.2026, this Court observed as follows;- " 6. Considering the rival submissions made by the learned counsel on either side, nature of offence, and considering the facts that based on the confession of co-accused only, this petitioner has been arrayed as accused and no contraband was recovered from this petitioner and after investigation, charge sheet was filed and the same is taken on file in C.C.No.185 of 2025 on the file of the Additional District Judge, Special Court under EC Act Cases, Thanjavur, and though the petitioner has six previous cases, one case only is similar in nature and also considering the period of incarceration undergone by the petitioner, this Court is inclined to grant bail to the petitioner subject to the following conditions"

¶8Very same similar orders have also been passed while granting bail to the other accused and since it is also stated the petitioner was also arrayed as accused based on the confession statement, there is no recovery effected from him and apart from the confession statement, no other material evidence has been produced before this Court and also considering the fact that the similarly placed accused were granted bail by this Court in Crl.OP(MD)No.2706 of 2026, Crl.OP(MD)No.21122 of 2025, Crl.OP(MD)No.6945 of 2026, Crl.OP(MD)No.7068 of 2026 and Crl.OP(MD)No.23696 of 2026 vide orders dated 16.04.2026, 17.06.2026, 20.04.2026 & 29.04.2026 respectively and considering the period of incarceration undergone by the petitioner, this Court is inclined to grant bail to the petitioner subject to the following 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 Additional District Judge/Presiding Officer, Special Court Under Essential Commodities Act, Thanjavur, and on further conditions that: [b] the petitioner shall report before the Additional District Judge/Presiding Officer, Special Court Under Essential Commodities Act, Thanjavur at 10.30 a.m., on all working days, for a period of eight weeks, thereafter as and when required for interrogation; [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.

06.08.2026 dss To

1.The Additional District Judge/Presiding Officer, Special Court Under Essential Commodities Act, Thanjavur.

2.The Inspector of Police, Annamalai Nagar Police Station,Cuddalore District.

3.The Superintendent, Central Prison, Trichy.

4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. CRLoOP(MD).oNo.16560oofo2026 ooooooooooooooooooooooooooooooooK.oRAJASEKAR,J oooooooooooooooooooooooooooooooooooooooooodss oooooooooooooooooooooooooooooooooooORDER oooooooooooooooooooooooooooooooooooooIN oooooooooooooooooooooooooCRLoOP(MD)oNo.16560oofo2026 ooooooooooooooooooooooooooooooDateoo:o06/08/2026