High Court · 2025

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction )Date : 18/03/2025PRESENTTHE HONOURABLE MR. JUSTICE R. SAKTHIVELCRL OP (MD) No.1755 of 2025Petchimuthu,S/o.Mariappan, North Colony Street, Maranthai, Alangulam, Tirunelveli District. ... Petitioner/A3 Vs The State of Tamil Nadu,Rep. by the Inspector of Police,Pettai Police Station, Tirunelveli District. Crime No.7/2024 ... Respondent/Complainant For Petitioner : Mr.M.Jegadeesh Pandian, Advocate. For Respondent : Mr.R.Meenakshi Sundaram, Additional Public Prosecutor PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- To release the petitioner/Accused No.3 on bail in C.C.No.209 of 2024 on the file ofthe learned II Additional Special Judge for NDPS Act Cases, Madurai.1/9 https://www.mhc.tn.gov.in/judis ORDER : The Court made the following order :-This Criminal Original Petition has been filed by the petitioner on 27.01.2025under Section 483 of Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, praying togrant bail.2. The petitioner/Accused No.3 was arrested and remanded to judicial custodyon 07.01.2024. The petitioner is facing trial in C.C.No.209 of 2024 on the file of thelearned II Additional Special Judge for NDPS Act Cases, Madurai for the offencespunishable under Sections 8(c) r/w 20(b)(ii)(C), 29(1) and 25 of NDPS Act inconnection with Crime No.7 of 2024, on the file of the respondent-Police. 3. The case of the prosecution is that on 06.01.2024, at about 23:00 hours, basedon the secret information, when the respondent-police were on patrol duty nearKandiyaperi Illanthakulam, they found the accused persons in a Scorpio car bearingRegistration No. TN-18-Z-3505 and two two-wheelers bearing Registration Nos.TN-72-CB-3856 and TN-72-BU-5166. On enquiry, the police found that the accusedpersons were in possession of 14.200 kgs of ganja and 10.800 kgs of ganja in two bags.They confessed that A1 had sent A2 to Andhra Pradesh to purchase large quantities2/9 https://www.mhc.tn.gov.in/judis of ganja and had instructed him to sell the same to A4 to A7. A3 came to the spot inthe Scorpio car, and A4 to A7 arrived on the two two-wheelers for the purpose ofpurchasing ganja. There are totally 8 accused persons in this case, and the petitionerhas been arrayed as A3. Hence, the case.4. Mr.M.Jegadeesh Pandian, learned counsel appearing for the petitioner,submits that there are totally eight accused persons in this case, and that except thepetitioner herein, all other accused persons were released on bail by this Court. Hefurther submits that the petitioner has not committed any offence as alleged by theprosecution. He however submits that if bail is granted to the petitioner, he will notabscond in future and that he is ready to abide by any conditions that may beimposed by this Court. Therefore, he prays for granting bail to the petitioner.5. Per contra, Mr.R.Meenakshi Sundaram, learned Additional Public Prosecutorappearing for the respondent-police, submits that the investigation has beencompleted and charge sheet has been filed before the learned II Additional SpecialJudge for NDPS Act Cases, Madurai and the same was taken on file in C.C.No.209 of2024. He further submits that if bail is granted to the petitioner, he may abscond andthereby cause a delay to the trial proceedings. He further submits that the mandatory3/9 https://www.mhc.tn.gov.in/judis provisions of Sections 42, 50, 52A and 57 of NDPS Act were followed since AccusedNo.1 has actively involved in the case by procuring the ganja for sale. He furthersubmits that Accused No.1 went to Andhra Pradesh and transported the ganja toTheni where the petitioner herein received the ganja as per the message passed byAccused No.1. He further submits that the ganja seized in this case weighing 25 kgs isa large quantity. Hence, he strongly opposes to grant bail to the petitioner.6. Heard on both sides. This Court has perused the case file and the orderpassed by this Court dated 11.12.2024 in Crl.O.P.(MD).Nos.20151 and 20162 of 2024.This Court observed in Paragraph Nos.7 to 10 as follows:-“7. The investigation has been completed and the police report hasbeen filed in this case. It is therefore relevant to take note of Section 161statement recorded from LW13. He is a Head Constable who states thathe was assisting the Inspector of Police in preparing requisition letterand producing contraband before the Court on 03.05.2024. He furtherstates that the samples were taken in the presence of the learnedMagistrate from each bag in compliance with Section 52A of NDPS Act.Thereafter, the letter from the Court was received on 13.05.2024 and thesamples reached the FSL on 14.05.2024. The date on which the samplesreached the FSL is quite evident from the Forensic examination report.The samples were examined on 16.05.2024 and the report was given onthe same day.4/9 https://www.mhc.tn.gov.in/judis

8. Thus, it can be seen that even though, the contraband was seized on07.01.2024, it came before the Court for drawing of samples on 03.05.2024and whereas, the requisition was made to the FSL on 13.05.2024 andaccording to LW13, it reached the FSL on 16.05.2024. However, the FSLreport shows that it was received on 14.05.2024. 9. In view of the above, there is a prima facie case for the petitioners toputforth their contentions with respect to the delay in the contrabandreaching the FSL and the contradiction in the dates on when it was receivedby the FSL. This directly touches upon the compliance of Section 52 A ofNDPS Act.10. In the light of the above prima facie finding, this Court isconvinced that the twin conditions under Section 37 of NDPS Act issatisfied. This Court also takes into consideration the fact that thepetitioners do not have any previous cases and they were arrested andremanded to judicial custody on 07.01.2024 and the probability of the casebeing disposed of in the near future is also unlikely. In view of the same,this Court is inclined to enlarge the petitioners on bail subject to thefollowing conditions.”7. The said observation is applicable to the petitioner also.5/9 https://www.mhc.tn.gov.in/judis

8. The petitioner has permanent residence and hence, there is less possibility ofabsconding. Considering the same, and also considering the period of incarcerationand the fact that the alleged contraband and the vehicles have been seized by therespondent-Police, and with a view to give one more opportunity to the petitioner toreform himself, this Court is inclined to grant bail to the petitioner, however, subjectto certain conditions. Accordingly, bail is granted to the petitioner subject to thefollowing conditions: (i) The petitioner shall execute a bond for Rs.25,000/- (Rupees Twenty FiveThousand only) along with two sureties each for a like sum of Rs.25,000/- (RupeesTwenty Five Thousand only) to the satisfaction of the learned II Additional SpecialJudge for trial of NDPS Act Cases, Madurai;(ii) The sureties shall affix their photographs and left thumb impression in theApplication for Suretyship [Judicial Form No.46 annexed to 'The Criminal Rules ofPractice, 2019']. The learned II Additional Special Judge for trial of NDPS Act Cases,Madurai, shall obtain a copy of any one of identity proofs to ensure their identity;(iii) The petitioner shall attend in accordance with the conditions of the bond tobe executed under Chapter XXXV of BNS, 2023;6/9 https://www.mhc.tn.gov.in/judis (iv) The petitioner shall not commit an offence similar to the offence of he isaccused, or suspected, of the commission of which he is suspected;(v) The petitioner shall not directly or indirectly make any inducement, threator promise to any person acquainted with the facts of the case so as to dissuade himfrom disclosing such facts to the Court or to any police officer or tamper with theevidence;(vi) The petitioner shall furnish his residential address and mobile number tothe learned II Additional Special Judge for trial of NDPS Act Cases, Madurai;(vii) The petitioner shall not, directly or indirectly, cause any threat to thedefacto complainant and witnesses; (viii) The petitioner shall appear and sign before the learned II AdditionalSpecial Judge for trial of NDPS Act Cases, Madurai during every date of hearingwithout fail; and7/9 https://www.mhc.tn.gov.in/judis (ix) On breach of any of the aforementioned conditions, the learned IIAdditional Special Judge for trial of NDPS Act Cases, Madurai is entitled to passappropriate orders against the petitioner in accordance with law as if theaforementioned conditions are imposed by him as laid down by the Hon'ble SupremeCourt in P.K. Shaji vs. State of Kerala [(2005) 13 SCC 283].9. Accordingly, this Criminal Original Petition is allowed subject to theconditions stated supra. Sd/- 18/03/2025 / TRUE COPY / 19/03/2025 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023. tsg/jenTO 1 THE II ADDITIONAL SPECIAL JUDGE FOR TRIAL OF NDPS ACT CASES, MADURAI.2 THE SUPERINTENDENT, CETRAL PRISON, PALAYAMKOTTAI.8/9 https://www.mhc.tn.gov.in/judis 3 THE INSPECTOR OF POLICE, PETTAI POLICE STATION, TIRUNELVELI DISTRICT. 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. +1 CC to M/s.M.JEGADEESH PANDIAN, Advocate ( SR-3020[I] dated 18/03/2025 ) ORDER IN CRL OP(MD) No.1755 of 2025 Date :18/03/2025 ES/19.03.2025/9P/6CMadurai Bench of Madras High Court is issuing certified copies in this format from17/07/2023. 9/9