CRL OP(MD). No. 10793 of 2026 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 19.06.2026 PRESENT THE HONOURABLE MR. JUSTICE P. DHANABAL CRL OP(MD). No. 10793 of 2026 Periyasamy ...Petitioner/sole Accused Vs State of Tamil Nadu rep. by The Inspector of Police, NIB-CID Madurai Crime No.11 of 2024 ...Respondent/Complainant For Petitioner : Mr.M.Ramar Advocate. For Respondent : Mr.G.Ganesh Kumar Government Advocate(Crl.Side) PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- For Bail in Cr.No. 11 of 2024 on the file of the respondent police. ORDER : The Court made the following order :- 1/7 https://www.mhc.tn.gov.in/judis CRL OP(MD). No. 10793 of 2026 The petitioner / A1, who was arrested and remanded to judicial custody on 02.08.2024 for the offences punishable under Sections 8(c) r/w 20(b)(ii)(C), 25 and 29(1) of Narcotic Drugs and Psychotropic Substances Act, 1985, in Crime No.11 of 2024 on the file of the respondent, seeks bail. 2. The case of the prosecution is that on 01.08.2024 at about 10.30 am, on the secret information about the transportation of ganja from Andhrapradesh to Tiruchendur in the lorry and from there to Srilanka, the respondent police went to near Meenakshi Bhavan Hotel at Chinna Odaippu, Perungudi, and intercepted the a lorry bearing Reg.No.TN-52- B-4416 and a car bearing Reg.No.TN-42-AH-7267 On searching, the accused were found in illegal possession of 120 kg of ganja. Hence the case. 3. The 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 the petitioner has been arrested and remanded 2/7 https://www.mhc.tn.gov.in/judis CRL OP(MD). No. 10793 of 2026 to judicial custody on 02.08.2024. He would further submit that the petitioner needs medical treatment and surgery and his health condition is not well. He would also submit that investigation in this case is also completed and final report filed before the concerned Court. The learned counsel appearing for the petitioner relied on the judgment of the Hon'ble Supreme Court in the case of Ankur Chaudhary.vs. State of Madhya Pradesh in Special Leave to Appeal (crl.) No.4648 of 2024 . Hence, he prays to grant bail to the petitioner. 4. The learned Government Advocate(Crl.Side) appearing for the respondent strongly opposed to grant bail to the petitioner on the ground that the quantity involved in this case is a commercial quantity and entire contraband was recovered from this petitioner. However he would submit that the jail authorities stated that petitioner is suffering from illness but he refused to take treatment at Government Hospital, Madurai. 5. This Court heard both sides and perused the materials available on record. 3/7 https://www.mhc.tn.gov.in/judis CRL OP(MD). No. 10793 of 2026 6. Considering the rival submissions made by the learned counsel on either side, nature of offence, and though the prosecution stated that the contraband involved in this case is a commercial quantity considering the health condition of the petitioner and he is in need of better treatment for his illness and the jail authorities also admitted the health condition of the petitioner and also fact that no previous case is pending against the petitioner and also considering the period of incarceration undergone by the petitioner and also taking into consideration the judgment relied on by the learned counsel appearing for the petitioner in the case of Ankur Chaudhary.vs. State of Madhya Pradesh in Special Leave to Appeal (crl.) No.4648 of 2024, Wherein the Hon'ble Supreme Court has observed that it is to observe that failure to conclude the trial within a reasonable time in prolonged incarceration militates Article 21 of the Constitution of India and as such conditional liberty overriding the statutory embargo created under Section 37(1)(b) of the NDPS Act, in such circumstances, be considered. In the case of hand also the case is posted for trial and so far the trial has not been concluded and there is no scope to conclude the trial within the short time, this Court is inclined to grant bail to the petitioner subject to the 4/7 https://www.mhc.tn.gov.in/judis CRL OP(MD). No. 10793 of 2026 following conditions, [a] Accordingly, the petitioner is ordered to be released on 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 Principal Special Court for trial of NDPS Act Cases, Madurai and on further conditions that: [b] the petitioner shall report before the trial Court daily at 10.30 a.m., until further orders, except the days when he is admitted in the hospital for treatment. [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 her from disclosing such facts to the Court or to any police officer or tamper with 5/7 https://www.mhc.tn.gov.in/judis CRL OP(MD). No. 10793 of 2026 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 5560]. [g] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 BNS. (P D B J) 19.06.2026 aav To 1.The Principal Special Court for trial of NDPS Act Cases, Madurai 2.The Inspector of Police, NIB-CID Madurai 3. The Superintendent, Central Prison, Madurai 4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. 6/7 https://www.mhc.tn.gov.in/judis CRL OP(MD). No. 10793 of 2026 P. DHANABAL, J aav ORDER IN CRL OP(MD) No. 10793 of 2026 Date : 19.06.2026 7/7 https://www.mhc.tn.gov.in/judis