Yogaraja, vs The Intelligence Officer
2026 Latest Caselaw 1997 Mad

Citation : 2026 Latest Caselaw 1997 Mad
Judgement Date : 17 April, 2026

[Cites 5, Cited by 0]

Madras High Court

Yogaraja, vs The Intelligence Officer on 17 April, 2026

                                                                            CRL OP(MD). No.19821 of 2025

                       BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                ( Criminal Jurisdiction )

                                                     Date : 17.04.2026

                                                        PRESENT

                                  THE HONOURABLE MR.JUSTICE P.DHANABAL

                                           CRL OP(MD)No.19821 of 2025

                     Yogaraja                                       ... Petitioner / Accused No.3


                                                        Versus

                     The State of Tamilnadu,
                     Rep by the Intelligent Officer,
                     D.R.I. Regional Unit,
                     Trichy.
                     (F.No.DRI/CZU/TRY/VIII/48/ENQ-01/INT-01/2025)
                                                         ... Respondent / Complainant


                     PRAYER :-Criminal Original Petition filed under Section 483 of the
                     BNSS,         2023,   to     enlarge    the    petitioner       on     bail     in
                     F.No.DRI/CZU/TRY/VIII/48/ENQ-01/INT-01/2025 on the file of the
                     respondent police.
                                    For Petitioner      :     Mr.K.Subburaja,
                                                              for Mr.S.Mukesh

                                    For Respondent      :     Mr.B.Nambi Selvan,
                                                              Additional Public Prosecutor


                     1/7




https://www.mhc.tn.gov.in/judis
                                                                             CRL OP(MD). No.19821 of 2025

                     ORDER :

The Court made the following order :-

The petitioner/accused, who was arrested and remanded to judicial

custody on 30.06.2025 for the offences punishable under Sections 8(c),

20(b)(ii)(C) and 29 of the Narcotic Drugs and Psychotropic Substances

Act, 1985, in F.No.DRI/CZU/TRY/VIII/48/ENQ-01/INT-01/2025 on the

file of the respondent police, seeks bail.

2. The case of the prosecution is that, on 29.06.2025 at about 12.45

p.m., the respondent police, based upon secret information, proceeded

along with a police party and necessary equipment, and found the

accused persons in joint possession of 36.028 kgs of ganja. Hence, the

case has been registered.

3. The learned counsel appearing for the petitioner would submit

that the petitioner is innocent and has not committed any offence as

alleged by the prosecution. He would further submit that there are no

contraband was recovered from the petitioner. He would further submit

that there are no previous cases against the petitioner. He would also

submit that the petitioner was arrested and remanded to judicial custody

https://www.mhc.tn.gov.in/judis

on 30.06.2025. Hence, he seeks grant of bail for the petitioner.

4. The learned Additional Public Prosecutor appearing for the

respondent police would submit that there are totally 3 accused persons

and the petitioner has been arrayed as A3. He would further submit that

there are no previous cases pending against the petitioner. He would also

submit that the contraband involved in the case falls under the category

of commercial quantity. Therefore, he opposed the grant of bail to the

petitioner.

5. This Court heard the learned counsel appearing on either side

and perused the materials placed on record.

6. Considering the rival submissions made by the learned counsel

on either side, the nature of offence, even according to the prosecution

the contraband involved is a commercial quantity, the fact that there are

no contraband was recovered from the petitioner and contraband was

recovered from co-accused persons through separate mahazar and the

fact that there are no previous cases against the petitioner and also

considering the period of incarceration of the petitioner from 30.06.2025,

https://www.mhc.tn.gov.in/judis

this Court is inclined to grant bail to the petitioner subject to the

following conditions:

[a] Accordingly, the petition is allowed and the

petitioner is ordered to be released on bail on executing 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

learned Special Court for EC and NDPS Act Cases,

Pudukkottai, and on further conditions that :-

[b] the petitioner shall report before the learned Special

Court for EC and NDPS Act Cases, Pudukkottai daily at 10.30

a.m. and 05.00 p.m., on all working days, until further orders;

[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 him from

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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 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]; and

[g] If the accused thereafter absconds, a fresh FIR can

be registered under Section 269 BNS.