High Court · 2025

CRL OP (MD) No.1277 of 2025BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction )Date : 05.03.2025PRESENTTHE HONOURABLE MR. JUSTICE R. SAKTHIVELCRL OP (MD) No.1277 of 2025Santhoshkumar ... Petitioner/Accused No.5 VsThe State of Tamil Nadu,Rep. by the Inspector of Police,Padalur Police Station,Perambalur District.Crime No.229 of 2023. ... Respondent/ComplainantFor Petitioner: Mr.M.PerumalFor Respondent: Mr.R.Meenakshi Sundaram Additional Public ProsecutorPETITION FOR BAIL Under Sec.483 of BNSSPRAYER :-For bail in Crime No.229 of 2023 on the file of the respondent-police.ORDER : The Court made the following order :-This Criminal Original Petition has been filed by the petitioner on 21.01.2025under Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) praying to grantbail.1/7 https://www.mhc.tn.gov.in/judis CRL OP (MD) No.1277 of 20252. The petitioner/A5 was arrested and remanded to judicial custody on11.07.2023 for the alleged offences punishable under Sections 8(c), 20(b)(ii)(C) and 25of the Narcotic Drugs and Psychotropic Substances Act, in Crime No. 229 of 2023 onthe file of the respondent-police.3. The case of the prosecution is that, based on secret information, on 11.07.2023,at about 4:30 a.m., when the defacto complainant, Sub-Inspector of Police, along withhis team, was on surveillance near Chettikulam Dhanalakshmi Petrol Bunk, theyfound two vehicles (a car and an auto) bearing registration Nos.TN-61-A-4951 andTN-46-K-9723, and that the petitioner and other accused persons were exchangingbags from one vehicle to another. The police apprehended them and found that theywere in possession of 20.770 kgs of ganja in the vehicles. The respondent-policeseized the vehicles. Hence, the case.4. Mr.M.Perumal, the learned counsel appearing for the petitioner, submits thatthis is the second bail petition filed by the petitioner. He further submits that thepetitioner is an innocent person and he has not committed the offence as alleged bythe prosecution. He further submits that the petitioner has been falsely implicated inthis case. He further submits that as per the prosecution case, the contraband wasrecovered from A1/Nagappa alone. He further submits that the petitioner has beenin judicial custody since 11.07.2023 i.e., more than 1½ year and the possibility of2/7 https://www.mhc.tn.gov.in/judis CRL OP (MD) No.1277 of 2025discharging the trial in the near future is doubtful. He therefore prays to grant bail tothe petitioner.5. Per contra, Mr.R.Meenakshi Sundaram, the learned Additional PublicProsecutor appearing for the respondent-police, on instructions, submits that this isthe second bail petition filed by the petitioner. Already, the petitioner moved anapplication in Crl.O.P.(MD)No.11849 of 2024 and the same was dismissed on meritsand now, there is no change in circumstances. He further submits that one of theaccused persons/A8 filed a petition to discharge trial and the same is pending, due towhich the trial is being delayed. He further submits that the petitioner and otheraccused persons were arrested on the spot along with A1 and hence, the fact that thepetitioner and other accused persons were in constructive possession of thecontraband is established. He further submits that the petitioner has two previouscases, out of which one case is related to the offences punishable under Tamil NaduProhibition Act and another case is related to the offences punishable under IPC. Hefurther submits that if this Court grants bail to the petitioner, he may abscond anddelay the trial proceedings. Therefore, he prays to dismiss this Criminal OriginalPetition.6. Heard on both sides. This Court has perused the records.7. A bare perusal of the First Information Report would prima facie show that3/7 https://www.mhc.tn.gov.in/judis CRL OP (MD) No.1277 of 2025the contraband was recovered from A1/Nagappa alone. Hence, this Court is of theview that rigours of Section 37 of NDPS Act would not apply to the petitioner. To benoted, this view is recorded only for the limited purpose of deciding the bail petition.This view, in any way, would not prejudice the rights of the prosecution to establishits case during the trial. The petitioner was arrested on 11.07.2023 and has been injudicial custody. The petitioner has two previous cases, which are not similar innature. Considering the same and also considering the nature of offences allegedagainst the petitioner and the period of incarceration and taking note of the fact thatthe possibility of the case getting disposed of in the near future is doubtful, and witha view to give one more opportunity to the petitioner to reform himself, this Court isinclined to grant bail to the petitioner, however, subject to certain conditions.Accordingly, bail is granted to the petitioner 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 Additional District andSessions Judge, Special Court for EC and NDPS Act cases, Pudukottai;(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 Additional District and Sessions Judge, Special Court for4/7 https://www.mhc.tn.gov.in/judis CRL OP (MD) No.1277 of 2025EC and NDPS Act cases, Pudukottai, shall obtain a copy of any one of identity proofsto ensure their 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 which heis accused, 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 not directly or indirectly cause any threat to thewitnesses and to the general public;(vii) The petitioner shall furnish his residential address and mobile number tothe learned Additional District and Sessions Judge, Special Court for EC and NDPSAct cases, Pudukottai;(viii) The petitioner shall appear and sign before the learned Additional Districtand Sessions Judge, Special Court for EC and NDPS Act cases, Pudukottai, on allworking days at 10.30 a.m., until further orders;(ix) The petitioner shall not try to contact the defacto complainant either5/7 https://www.mhc.tn.gov.in/judis CRL OP (MD) No.1277 of 2025directly or through any electronic mode; and(x) On breach of any of the aforementioned conditions, the learned AdditionalDistrict and Sessions Judge, Special Court for EC and NDPS Act cases, Pudukottai isentitled 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].8. Accordingly, this Criminal Original Petition is allowed subject to theconditions stated supra. sd/- 05/03/2025 / TRUE COPY / 05/03/2025 Sub-Assistant Registrar Madurai Bench of Madras High Court, Madurai - 625 023. APDTO1 THE ADDITIONAL DISTRICT AND SESSIONS JUDGE, SPECIAL COURT FOR ECE AND NDPS ACT CASES, PUDUKOTTAI.2 THE SUPERINTENDENT,CENTRAL PRISON, TRICHY.3 THE INSPECTOR OF POLICE,PADALUR POLICE STATION,PERAMBALUR DISTRICT.4 THE ADDITIONAL PUBLIC PROSECUTOR,MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. 6/7 https://www.mhc.tn.gov.in/judis CRL OP (MD) No.1277 of 2025+1 CC to M/s.M.PERUMAL, Advocate ( SR-2421[I] dated 05/03/2025 ) ORDER IN CRL OP(MD) No.1277 of 2025 Date :05/03/2025SA/SAR. /05.03.2025/7P/6CMadurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023. 7/7