Bail may be granted where there is no direct recovery and the accused has been in custody for a considerable period, especially if a co-accused has been released.

ORDER

The petitioner, who was arrested and remanded to judicial custody on

29.01.2026 for the alleged offences under Sections 8(c), 20(b)(ii)(B), 25 and

29(1) of the NDPS Act on the file of the respondent police, seeks bail.

2. The allegation against the petitioner is that the co-accused was found in possession of 7 kgs of Ganja. Based on his confession, the petitioner herein has been arrayed as A8. Hence, the case.

3. The learned counsel for the petitioner would submit that there is no direct recovery from the petitioner and that he has been roped in only through the confession statement of the co-accused, which factum was not seriously disputed by the learned Government Advocate (Crl. Side) appearing for the respondent. It is his further submission that the co-accused has already been enlarged on bail vide order dated 25.02.2026 passed by this Court in Crl.O.P.No.4485 of 2026. Hence, he submits that this is a fit case in which the petitioner may be enlarged on bail.

4. The learned Government Advocate (Crl. Side) appearing for the respondent fairly submitted that there was no recovery from the petitioner and that there are no previous cases pending against him.

5. I have given anxious consideration to the submissions made by the learned counsel on either side.

6. Considering the period of incarceration undergone by the petitioner since 29.01.2026, the fact that the co-accused has already been enlarged on bail, and also considering that there are no previous cases pending against the petitioner, this Court is of the view that this is a fit case to enlarge the petitioner on bail, subject to certain conditions.

7. 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), with two sureties each for a like sum to the satisfaction of the learned XVI Metropolitan Magistrate, G.T. Court, 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 everyday at 10.30 a.m. for a period of four weeks and as and when required for interrogation;

[c] the petitioner shall not abscond either during investigation or trial;

[d] the petitioner shall not tamper with the evidence or witness either during investigation or trial;

[e] on breach of any of the aforementioned conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the petitioners in accordance with law as if the conditions had been imposed and the petitioners 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];

[f] if the petitioners thereafter abscond, a fresh FIR may be registered under Section 269 of the Bharatiya Nyaya Sanhita, 2023.