(Prayer: To Call for the records relating to the order dated 25.11.2025 made in Crl MP No.3446/2025 on the file of the learned Addl District and Sessions Court /Presiding Officer, Special Court for EC and NDPS Act Cases, Pudukkottai and set aside the same and enlarge the petitioner on bail.)

1. This Criminal Revision Case is filed to call for the records relating to the order dated 25.11.2025 made in Cr MP No.3446/2025 on the file of the learned Addl District and Sessions Court /Presiding Officer, Special Court for EC and NDPS Act Cases, Pudukkottai and set aside the same and enlarge the petitioner on bail.

2. The petitioner had filed a petition before the learned trial Court, seeking to relax the condition imposed on the petitioner in Cr.M.P.No. 1911 of 2025 dated 09.07.2025 requiring him to produce sureties and that he is unable to produce necessary sureties. Hence, he sought for relaxation of the said condition in Cr.MP.No.1911 of 2025 dated 09.07.2025. However, the learned trial Court dismissed the same and challenging the same this Criminal Revision Case is filed.

3. The learned counsel for the petitioner categorically contended that the petitioner is an accused in an NDPS case where after suffering in incarceration for nearly 390 days, later he was granted bail in Crl.MP.No.1911 of 2025 dated 09.07.2025 with the condition to produce two sureties.

4. The Learned counsel further pointed out that it is time and again held by the Hon'ble Supreme Court that bail conditions should not be imposed beyond the financial capacity of the accused relying upon the verdict of the Hon'ble Supreme Court in Moti Ram and others Vs State of Madhya Pradesh reported in 1978 AR 1594 and categorically contended that the petitioner is a fisherman with Nil resources and hence he may be permitted to be enlarge on bail without insisting for sureties.

5. Learned Additional Public Prosecutor drew my attention that the offence for which the petitioner was enlarged are under NDPS Act. In his bail petition, he had submitted that he had sufficient sureties to be enlarged and later in his relaxation petition he had submitted that he is ready to produce one surety. His family a pretty big family with his mother, sister and four brothers. Hence there won't be any impediment for him to produce at least one surety from his own family.

6. Heard either sides and prused the materials available on record.

7. From the arguments putforth by the learned counsel for the petitioner despite the presence of nearly six family members, none of them are ready to give surety for the prodigal son because of his anti social activities. They are not ready to take risk of giving security to such a prodigal son. However, this Court is of the considered view that the petitioner had suffered incarceration for a period of 390 days and making it clear that bail is a rule and jail is an exception and in the case where a bail has already been granted, the petitioner is now seeking only for relaxation of the condition to produce surety.

8. Considering the plight of the petitioner, this Court is inclined to modify the condition imposed by the Learned Trial Court to produce two sureties and the petitioner may be permitted to be enlarge on his own bond. It is seen that the petitioner has filed a relaxation petition before the trial Court and the same was dismissed. The claim of the petitioner is that none of them is coming forward to give bond on his behalf.

9. In view of the same, the condition imposed by the learned Additional District and Sessions Judge / Presiding Officer Special Court for EC and NDPS Act Cases, Pudukkottai, in Cr.M.P.No.1911 of 2025 dated 09.07.2025, is modified as, the petitioner/accused is ordered to be released on bail on his executing a own bond for sum of Rs.10,000/- to the satisfaction of the Court. The learned Trial court is directed to enlarge the petitioner on bail without insisting for sureties on his own bond. However, it is made clear that after being enlarged on bail, the petitioner should produce one surety on or before 09.05.2026.

10. Accordingly, this Criminal Revision Case is allowed.