High Court · 2025

CRL.O.P.No.23948 of 2025IN THE HIGH COURT OF JUDICATURE AT MADRASDATED: 18.09.2025CORAM: THE HON'BLE MRS.JUSTICE T.V.THAMILSELVICRL.O.P.No.23948 of 2025Mrs.Shaik Jarina @ Manju....PetitionerVsState Rep. byThe Inspector of Police,Prohibition Enforcement Wing-PEW,Pallikaranai.....RespondentPRAYER: Criminal Original Petition filed under Section 483 of BNSS, to enlarge the 1st Accused/Petitioner on bail in C.C.No.777 of 2024 on the file of the IInd Additional Special Court for Exclusive Trial of Cases Under EC & NDPS Act.For Petitioner : Mr.K.SathivelFor Respondent:Mr.V.MeganathanGovernment Advocate (Crl. Side)ORDERThe matter is listed today under the caption “For Being Mentioned” at the instance of the learned counsel for the petitioner.1/10 https://www.mhc.tn.gov.in/judis CRL.O.P.No.23948 of 20252.It is brought to the notice of this Court that there is a correction in paragraph No.6 of the order dated 11.09.2025 and the same shall be replaced as follows:“6.Accordingly, the petitioner is ordered to be released on bail on condition to execute a bond for a sum of Rs.10,000/- (Rupees Ten thousand only) with two sureties each, in which one surety must be local surety and another surety must be from her native place, for a like sum to the satisfaction of the learned II Additional Special Court for EC & NDPS Act, Cases Chennai and on further conditions that:”3.All other conditions imposed in the order dated 11.09.2025 shall remain intact except for the above said correction.4.Registry is directed to carry out the necessary correction in the order dated 11.09.2025 and issue a fresh copy of the order to the learned counsel for the parties.18.09.2025pam2/10 https://www.mhc.tn.gov.in/judis CRL.O.P.No.23948 of 2025To1.II Additional Special Court for EC & NDPS Act, Cases Chennai.2.The Judicial Magistrate-II, Tambaram.3.The Superintendent of Prison, Central Prison, Puzhal.4.The Inspector of Police, Prohibition Enforcement Wing-PEW, Pallikaranai.5.The Public Prosecutor, High Court of Madras.3/10 https://www.mhc.tn.gov.in/judis CRL.O.P.No.23948 of 2025T.V.THAMILSELVI, J.pamCRL.O.P.No.23948 of 202518.09.20254/10 https://www.mhc.tn.gov.in/judis CRL.O.P.No.23948 of 2025IN THE HIGH COURT OF JUDICATURE AT MADRASDATED: 11-09-2025CORAMTHE HONOURABLE MRS.JUSTICE T.V.THAMILSELVICRL OP No. 23948 of 2025Shaik Jarina @ ManjuW/O.Shaik Mabasha, Residing at, Kamakshi Nagar, Santha Peta Nellore, Andhra Pradesh -524 001Petitioner(s)VsThe State Rep.By Its Inspector Of PoliceProhibition Enforcement Wing-Pew, Pallikaranai.Respondent(s)CRL OP No. 23948 of 2025PRAYERTo enlarge the 1st Accused / Petitioner on bail in CC.No.777/2024 on the file of the IInd Additional Special Court for Exclusive Trial of cases under EC and NDPS Act.For Petitioner(s):Mr.M.Velmurugan forMr. K.SathivelFor Respondent(s):Public Prosecutor5/10 https://www.mhc.tn.gov.in/judis CRL.O.P.No.23948 of 2025ORDERThe petitioner, who was arrested and remanded to judicial custody on 17.05.2024 for the alleged offences under Sec. 8(c), 20(b)(ii)(C), 29(1) of NDPS Act, pending trial in C.C.No.777 of 2024, on the file of II Addl. Special Court for Exclusive trial of cases under EC and NDPS Act in Crime No.166 of 2024, on the file of the respondent police, seeks bail.2. The case of the prosecution is that on 17.05.2024, on a secret information with regard to sale of prohibited contraband near the Tambaram Railway Marriage Hall, they intercepted the petitioner and on search, the respondent police found that the petitioner along with her husband were found in possession of 29 kgs. and 200 grams of ganja in a trolley carried by them and seized the same. Accordingly, the complaint was registered against the petitioner.3. The learned counsel for the petitioner submitted that the petitioner is ranked as A1 and she was falsely implicated in this case as if she was found in possession of prohibited contraband. He would submit that she is an innocent person and she has not at all committed any offence as alleged by the respondent police. He would submit that she is no way connected with the said occurrence and she is in custody for more than 1 year 3 months from 17.05.2024, but there is no progress in the trial. He would submit that there is no role of the petitioner in the alleged offence and this is the third petition seeking for bail. Hence, he prayed to grant bail to the petitioner.4. The learned Government Advocate (Crl. Side) appearing for respondent would submit that the total contraband seized in the process is 20 6/10 https://www.mhc.tn.gov.in/judis CRL.O.P.No.23948 of 2025kgs. and 200 grams of ganja from this petitioner along with her husband, which is commercial quantity and they belong to the State of Andhra Pradesh. He would submit that now the investigation completed and final report also filed and he is in custody for more than 1 year 3 months from 17.05.2024. He would submit that if she is released on bail, she would hamper the investigation and tamper the witnesses and she is having two previous cases similar in nature. Hence, he strongly opposed to grant bail to the petitioner. 5. On seeing the facts, it reveals that the petitioner along with her husband were found in possession of 20 kgs. and 200 kgs. of ganja, however, for more than one year three months, she is in judicial custody, but no progress in the trial. Considering that and the fact that investigation completed and final report also filed and she is ready to abide any condition imposed by this court, this Court is inclined to grant bail to the petitioner subject to the following conditions :-6. Accordingly, the petitioner is ordered to be released on bail on condition to execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties each, in which one surety must be local surety and another surety must be from her native place, for a like sum to the satisfaction of the learned Special Judge for EC/NDPS Act Cases, Salem and on further conditions that:(a) the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the learned Magistrate may obtain a copy of their Aadhar Card or Bank Pass Book to ensure their identity;(b) the petitioner shall report before the respondent 7/10 https://www.mhc.tn.gov.in/judis CRL.O.P.No.23948 of 2025police on alternative days at 10.30 a.m. for the period of three months;(c) the petitioner shall not commit any offences of similar nature;(d) the petitioner shall not abscond either during investigation or trial;(e) the petitioner shall not tamper with evidence or witness either during investigation or trial;(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 of BNS 11-09-2025Index:Yes/NoSpeaking/Non-speaking orderInternet:YesNeutral Citation:Yes/NorppTo1. Judicial Magistrate-II, Tambaram.2.The Inspector of Police, Prohibition Enforcement Wing-PEW, Pallaikaranai.3. The Superintendent of Prison, Central Prison, Puzhal. 8/10 https://www.mhc.tn.gov.in/judis CRL.O.P.No.23948 of 20254.The Public Prosecutor, High Court, MadrasNote :-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.9/10 https://www.mhc.tn.gov.in/judis CRL.O.P.No.23948 of 2025T.V.THAMILSELVI J.rppCRL OP No. 23948 of 2025 11.09.202510/10