High Court · 2025

CRL OP(MD). No.695 of 2025BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction )Date : 18/02/2025PRESENTTHE HONOURABLE MR. JUSTICE R. SAKTHIVELCRL OP(MD). No.695 of 2025Vanathai... Petitioner/A2 VsThe State of Tamilnadu,Rep. by the Inspector of Police,PEW Police Station,Madurai City.Crime No.706/2024.... Respondent/ComplainantFor Petitioner : Mr.M.Jegadeesh Pandian, Advocate For Respondent : Mr.R.Meenakshi Sundaram, Additional Public Prosecutor PETITION FOR BAIL Under Sec.483 of BNSSPRAYER :-To release the petitioner/Accused No.2 on bail in C.C.No. 427/2024 on the fileof the Principal Special Court for NDPS Act Cases, Madurai forthwith.1/8 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.695 of 2025ORDER : The Court made the following order :- This Criminal Original Petition has been filed by the petitioner on 09.01.2025 underSection 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) praying to grant bail.2. The petitioner/A2 was arrested and remanded to judicial custody on28.06.2024 for the offences punishable under Sections 8(c), 20(b)(ii)(C), 29(1) and 25 ofNarcotic Drugs & Psychotropic Substances Act, 1985, in Crime No.706 of 2024 on thefile of the respondent-police.3. The case of the prosecution is that on 12.06.2024, at 23:00 hours, based onsecret information, when the defacto complainant, the Sub-Inspector of Police, alongwith his team, was conducting an inspection near Sudhagar Tea Shop atSolaiazhagupuram 3rd Street, they found that A3 was in possession of 4.750 kgs ofganja. On seeing the police, A3 attempted to escape. However, the policeapprehended him. Based on his confession, on 13.06.2024, at about 02:45 a.m., thepolice proceeded to the house of A1. On seeing the police, A1 fled the scene. Onsearching his house, the police found 28.140 kgs of ganja stored inside. The policeseized the ganja and arrested A3. Further, 1.250 kg of ganja was seized from thehouse leased to A1. Thereafter, on 28.06.2024, when the petitioner and A4 came to sell2/8 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.695 of 20255 kg of ganja to A1 in a car bearing Registration No.TN-77-F-2580, they were arrested,and the ganja was seized. During the investigation, it was revealed that the petitioneris a wholesaler of ganja, purchasing it from the son of her brother (A5) in AndhraPradesh and selling the same to A1. Hence, the case.4. Mr.M.Jegadeesh Pandian, learned counsel appearing for the petitioner,submits that the petitioner has nothing to do with the alleged offence. The saidPrabhu/A3 and Vijayarajan/A1, in their confession, did not state anything about thepetitioner. He further submits that a false case has been foisted against the petitionerand the petitioner has no previous case. The petitioner has been in incarceration since28.06.2024. The investigation has been completed, and the final report was filed. Thesame has been taken on file as C.C.No.427 of 2024 on the file of the learned SpecialJudge, Principal Special Court for NDPS Act cases, Madurai District. He furthersubmits that she is ready to abide by any conditions to be imposed 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 petitioner herein havecontacted the other accused persons numerous times and that the CDR report clearly3/8 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.695 of 2025reveals the involvement of the petitioner. He further submits that though theinvestigating agency seized 28.140 kg of ganja from the co-accused, in view of thefacts and circumstances of the case, this petitioner had sold 28.140 kg of ganja, whichis a commercial quantity, to A1. Apart from that, the petitioner and A4 were inpossession of 5 kg of ganja. He further submits that in view of the rigour of Section37 of NDPS Act, the petitioner is not entitled for the relief sought for in this petition.Accordingly, he prays to dismiss this petition.6. This Court has considered the rival submissions made. This Court hasperused the FIR and the Charge Sheet.7. In view of the fact that the respondent police seized only 5 kgs. of ganja fromthe petitioner when he was with A4. As per the prosecution case, the petitioner is saidto have sold 35.140 kg of ganja to A1, which was seized from A3 and the houses ofA1. The said aspects could be elicited only during the trial. This Court is of theconsidered view that the riguor stated in Section 37 of the NDPS Act would not beapplicable to the petitioner. Further, the petitioner has permanent residence andhence, there is less possibility of absconding. Considering the above facts and alsoconsidering the fact that the petitioner is a woman and also taking note of the period4/8 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.695 of 2025of incarceration and the petitioner is the first offender and with a view to give anopportunity to the petitioner to reform herself, this Court is inclined to grant an orderof bail to the petitioner, however, subject to the following 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 Principal SpecialJudge, Principal Special Court for NDPS Act Cases, Madurai District;(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 Principal Special Judge, Principal Special Court for NDPSAct Cases, Madurai District shall obtain a copy of any one of identity proofs to ensuretheir identity;(iii) The petitioner shall attend in accordance with the conditions of the bond tobe executed under Chapter XXXV of BNS, 2023;(iv) The petitioner shall not commit an offence similar to the offence of she isaccused, or suspected, of the commission of which she is suspected;5/8 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.695 of 2025(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 herfrom disclosing such facts to the Court or to any police officer or tamper with theevidence;(vi) The petitioner shall furnish her residential address and mobile number tothe learned Principal Special Judge, Principal Special Court for NDPS Act Cases,Madurai District;(vii) The petitioner shall appear and sign before the learned Principal SpecialJudge, Principal Special Court for NDPS Act Cases, Madurai District, on all workingdays at 10.30 a.m., until further orders;(viii) The petitioner shall not leave either Tamil Nadu or India without previouspermission of the Court; and(ix) On breach of any of the aforementioned conditions, learned PrincipalSpecial Judge, Principal Special Court for NDPS Act Cases, Madurai District, is6/8 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.695 of 2025entitled to pass appropriate orders against the petitioner in accordance with law as ifthe aforementioned conditions are imposed by him as laid down by the Hon'bleSupreme Court in P.K. Shaji vs. State of Kerala [(2005) 13 SCC 283].7. Accordingly, this Criminal Original Petition is allowed subject to theconditions stated supra. However, it is made clear that the observation made by thisCourt in this order is only for a limited purpose of deciding the bail application alone.It will not affect the stand of the prosecution. sd/- 18/02/2025 / TRUE COPY / 18/02/2025 Sub-Assistant Registrar (VIGILANCE) Madurai Bench of Madras High Court, Madurai - 625 023. LR TO1.The Principal Special Judge, Principal Special Court for NDPS Act Cases, Madurai District.2. The Officer-in-charge, Special Prison for Women, Madurai.3. The Inspector of Police, PEW Police Station, Madurai City.7/8 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.695 of 20254.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.+1 CC to M/s.M.JEGADEESH PANDIAN, Advocate ( SR-1771[I] dated 18/02/2025 ) ORDER IN CRL OP(MD) No.695 of 2025 Date :18/02/2025RK (18/02/2025) 8P / 6C Madurai Bench of Madras High Court is issuing certified copies in this format from17/07/2023 8/8