CRL OP No. 13765 of 2026 __________ Page1 of 6 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 06-07-2026 CORAM THE HON'BLE MR.JUSTICE C.KUMARAPPAN CRL OP No. 13765 of 2026 Sulaiman @ Sahidur Islam ..Petitioner(s) Vs State Rep.by. Inspector of Police F-2 Egmore Police Station, Chennai. (Crime No.577/2024) ..Respondent(s) Prayer:- Criminal Original Petition is filed under Section 483 of BNSS, 2023, pleased to enlarge the Petitioner/Accused-2 on bail in connection with C.C.No.230 of 2025 of the II Additional Special Judge, Special Court under EC and NDPS Act, Chennai and thus render justice For Petitioner(s): Mr. Hemanth Raj .T For Respondent(s): Mr.S.Yogaraja Sekar, Government Advocate (Criminal Side ) ORDER The petitioner, who was arrested and remanded to judicial custody on 16.12.2025 for the alleged offences under Sections 8 (C) r/w 20 (b) (ii) (B), 22 (c), 25 and 29 (1) of NDPS Act, 1985 in Crime No.577 of 2024 on the file of the respondent police, seeks bail. 2. The case of the prosecution is that the petitioner, along with the other accused was found in illegal possession of 6.600 kg of Ganja and 700 grams of Methampetamine. Hence the case. https://www.mhc.tn.gov.in/judis CRL OP No. 13765 of 2026 __________ Page2 of 6 3.The learned counsel for the petitioner submitted that the petitioner is innocent and has been in custody since 16.12.2025. He further submitted that there are six accused persons and the petitioner is arrayed as A2. He contended that A1 and A5 were already enlarged on bail by this Court vide order dated 19.11.2025 and 06.03.2025 in Crl.O.P.No.29512 of 2025 and Crl.O.P.No.5359 of 2025 respectively. He further submitted that no recovery was effected from the petitioner and that the recovery of the commercial quantity was made solely from A3 and A4. He further contended that the petitioner has been implicated solely on the basis of a confession statement. Hence, he prays to grant bail to the petitioner. 4.Per contra, the learned Government Advocate (Criminal Side) appearing for the respondent police reiterated the prosecution case and, upon instructions, submitted that one previous case of a similar nature has been registered against the petitioner at the Dinhata Police Station in West Bengal. He contended that the petitioner was actively involved in procuring the contraband and that the subject contraband was procured and peddled solely upon the petitioner’s instruction. Hence, he opposed for grant of bail to the petitioner. 5.At this juncture, the learned counsel for the petitioner submitted that since A1 was also implicated solely based on a confession statement, this Court https://www.mhc.tn.gov.in/judis CRL OP No. 13765 of 2026 __________ Page3 of 6 had considered that factual matrix and granted bail to him on 19.11.2025. Therefore, the petitioner claims parity. In this regard, he invited the attention of this Court to para no.4 of the order dated 19.11.2025 in Crl.O.P.No.29512 of 2025, which notes that A1 had four previous cases, where the petitioner has only one previous case. He further submitted that, A5 was also enlarged on bail since there being no recovery from him. Hence, he prays that the principle of parity be extended to the petitioner. 6. I have given my anxious consideration to the submissions made by the learned counsel on either side and perused the materials available on record. 7.As rightly contended by the learned counsel for the petitioner, the petitioner is entitled to parity as no recovery was made from him. Furthermore, the petitioner was implicated solely based upon the confession and he was incarcerated since 16.12.2025. In such view of the position, this Court is inclined to extend the benefit of parity to the petitioner. Consequently, this Court is inclined to grant bail to the petitioner with certain conditions. 8. Accordingly, the petitioner is ordered to be released on bail on his executing a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only), (one shall be a blood relative surety and the other shall be a local surety) with two sureties each for a like sum to the satisfaction of the learned II https://www.mhc.tn.gov.in/judis CRL OP No. 13765 of 2026 __________ Page4 of 6 Additional special Judge, Special Court under EC and NDPS Act, Chennai, and subject to the following conditions: [a] the sureties shall affix their photographs and Left Thumb Impression in the Application for Surety ship [Judicial Form No.46 annexed to 'The Criminal Rules of Practice, 2019']. The learned Magistrate shall obtain a copy of any one of the identity proofs to ensure their identity; [b] the petitioner shall report before the respondent police daily at 10.30 a.m until further orders; [c] the petitioner shall surrender his passport before the Investigating Officer forthwith and shall not leave the country without obtaining prior permission from the jurisdictional Trial Court. In the event the petitioner is not in possession of a passport, he shall file an affidavit before the Trial Court to that effect. [d] the petitioner shall not abscond either during investigation or trial; [e] the petitioner shall not tamper with the evidence or witness either during investigation or trial; [f] on breach of any of the aforementioned conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the petitioner in accordance with law as if the conditions had been imposed and the petitioner released on bail by the learned Magistrate/Trial Court itself, as laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005)13 SCC 283]; https://www.mhc.tn.gov.in/judis CRL OP No. 13765 of 2026 __________ Page5 of 6 [g] if the petitioner thereafter abscond, a fresh FIR may be registered under Section 269 of the Bharatiya Nyaya Sanhita, 2023. 06-07-2026 ep Note: 1. Registry is directed to forthwith upload this order in the Official Website of this Court. 2. All concerned to act on this order being uploaded in Official Website of this Court without insisting on certified hard copies. To be noted, this order when uploaded in the official website of this Court will be watermarked and will also have a QR code. https://www.mhc.tn.gov.in/judis CRL OP No. 13765 of 2026 __________ Page6 of 6 C.KUMARAPPAN, J. EP To 1.II Additional Special Judge, Special Court under EC & NDPS Act, Chennai. 2.The Superintendent of Prison, Central Prison, Puzhal – II. 3.The Inspector of Police F-2 Egmore Police Station, Chennai. 4.The Public Prosecutor High Court of Madras. CRL OP No. 13765 of 2026 06-07-2026 https://www.mhc.tn.gov.in/judis