CRL OP(MD). No.12096 of 2026 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 07/07/2026 PRESENT The HONOURABLE MR. JUSTICE K. RAJASEKAR CRL OP(MD). No.12096 of 2026 Jeyakumar @ Jk, S/o.Pandiyan, No.17, Militry Pandi, Shankar Nagar 1st Street, K.Pudhur, Madurai District.. ... Petitioner/Accused No.14 Vs The State of Tamilnadu Rep By, The Inspector of Police, Andipatti Police Station, Theni District. Cr.No.19/2023.. ... Respondent/Complainant For Petitioner : Mr.Vivek J, Advocate. For Respondent : Mr.T.Lenin Kumar, Counsel for State of TN (Crl.Side) PETITION FOR BAIL Under Sec.483 of BNSS 1/8 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.12096 of 2026 PRAYER :- C-32B. To enlarge the petitioner on bail in connection with the C.C.No.989/2023 pending on the file of the Learned Principal Special Court for Trial of Narcotic Drugs and Psychotropic Substances Act Cases, Madurai and thus render justice. ORDER : The Court made the following order :- The petitioner/Accused No.14, who was arrested and remanded to judicial custody on 12.07.2023 for the alleged offence under Sections 8(c) r/w 20(b)(ii)(C), 25 and 29(i) of NDPS Act, 1985 in Crime No.19 of 2023 on the file of the respondent police, seeks bail. 2. The case of the prosecution is that based on the secret information, on 16.01.2023, at abotu 06.30 hours, when the respondent Police were in patrol duty, they found that the petitioner and other accused were in illegal possession of 1200 kgs of Ganja. Hence, the case and the accused were arrested. 3.The learned counsel appearing for the petitioner submitted that, though the earlier bail application filed by the petitioner was dismissed by this Court vide order dated 16.04.2026, subsequently, the other accused, namely A2, A4, and A16, who were similarly placed to the 2/8 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.12096 of 2026 petitioner, were granted bail by this Court. Hence, he prayed for the grant of bail to the petitioner. 4. The learned Counsel for the State of Tamil Nadu (Criminal Side), appearing for the respondent police, reiterated the prosecution case and submitted that the earlier bail application filed by the petitioner was dismissed on 16.04.2026. He further submitted that, in paragraph No.3 of the earlier dismissal order, this Court had considered the bail granted to the co-accused, namely A9, A17, and A18, and only thereafter, the bail application of the petitioner came to be dismissed. It is also stated that the petitioner is having six previous cases and some of them are similar in nature. Hence, he opposed the grant of bail to the petitioner. 5.In reply, the learned counsel appearing for the petitioner submitted that, out of the six previous cases, four cases had ended in acquittal. 6.I have considered the submissions made on both sides and perused the materials available on records. 3/8 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.12096 of 2026 7.In Crl.O.P.(MD).No.11025 of 2026, vide order dated 24.06.2026, this Court granted bail to A2, wherein this Court by invoking the observation made by the Hon'ble Apex Court in the case of Ankur Chaudhary Vs. State of Madhya Pradesh, in Special Leave to Appeal (Crl.) No.4648 of 2024, and after recording the fact that the trial in this case has not been progressing even the lapse of more than 2 and half years granted bail to A2. A similar benefit was extended to A4 namely, Pandi @ Jayachandran and A16 namely, Malaisamy. These Orders were passed subsequent to the dismissal of the earlier bail application of the petitioner. Hence, this Court satisfy that there is a valid change in circumstances to rehear the petitioner's bail application. It is stated by the petitioner that the petitioner herein is in custody for more than 3 years and there is no progress in the trial. The learned Counsel for the State of TN reported that against some of the accused NBW is pending. More particularly, the NBW is pending against A5, A6, A7 and A8 and hence the trial is not progressing and the trial is pending at the stage of securing the accused and so far no copies were also served on the petitioner herein. In view of the such facts and circumstances, this Court is of view 4/8 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.12096 of 2026 that the order passed by this Court in connected Crl.O.Ps in favour of A2, A4, A9 and A16 is applicable to the case of the petitioner. Accordingly, 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.25,000/- (Rupees Twenty Five Thousand only) with two sureties each for a like sum to the satisfaction of the learned Principal Special Court for Trial of NDPS Act Cases, Madurai, (FAC), and on further conditions that: [b] the petitioner shall report before the learned Principal Special Court for Trial of NDPS Act Cases, Madurai, (FAC), on all working days at 10.30 a.m., for a period of eight weeks. [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; 5/8 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.12096 of 2026 [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 5560]. [g] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 BNS. (K R S J) 07.07.2026 VSG 6/8 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.12096 of 2026 TO 1.The learned Principal Special Court for Trial of NDPS Act Cases, Madurai, (FAC). 2. The Superintendent, Central Prison, Madurai. 3.The Inspector of Police, Andipatti Police Station, Theni District. 4. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. 7/8 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.12096 of 2026 K. RAJASEKAR,J., vsg ORDER IN CRL OP(MD) No.12096 of 2026 Date : 07/07/2026 8/8 https://www.mhc.tn.gov.in/judis