High Court · 2025

CRL OP (MD) No.2606 of 2025BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction )Date : 15/04/2025PRESENTTHE HONOURABLE MR. JUSTICE R. SAKTHIVELCRL OP (MD) No.2606 of 2025S.Vidhya ... Petitioner/Accused No.3 VsThe State of Tamilnadu,Rep. by the Inspector of Police,PEW-Police Station,Pudukottai, Pudukottai District.Crime No.1058 of 2023 ... Respondent/ComplainantFor Petitioner : Mr.P.Veerapandi AdvocateFor Respondent : Mr.R.Meenakshi Sundaram Additional Public Prosecutor PETITION FOR BAIL Under Sec.483 of BNSSPRAYER :- To release the petitioner on bail in connection with C.C.No.76 of 2024 on the file ofthe learned Additional District Judge for EC and NDPS Act Cases, Pudukkottai, inconnection with Crime No.1058 of 2023 on the file of the respondent-police.1/8 https://www.mhc.tn.gov.in/judis CRL OP (MD) No.2606 of 2025ORDER : The Court made the following order :-This Criminal Original Petition has been filed by the petitioner on 07.02.2025under Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, praying togrant bail.2. The petitioner/Accused No.3 was arrested and remanded to judicial custodyon 18.12.2023 for the alleged offences punishable under Sections 8(c) r/w. 20(b)(ii)(C)and 25 of Narcotic Drugs and Psychotropic Substances Act, 1985, in Crime No.1058 of2023 on the file of the respondent-police. After investigation, charge sheet has beenfiled and the same was taken on file by the learned Additional District Judge, SpecialCourt of EC and NDPS Act cases, Pudukkottai in C.C.No.76 of 2024.3. The case of the prosecution is that, on receiving secret information, on17.12.2023, at about 17:30 hours, the respondent-police conducted a vehicle check-upnear Singamuthur Ayyanar Temple. At that time, they found that A1 was inpossession of 60 kgs of ganja in an auto bearing registration No.TN-55-BH-7284.Based on the statement given by A1, the police proceeded to the house of A2, wherethey found that A2 was in possession of 40 kgs of ganja, which was intended forexport to Sri Lanka. During the investigation, it was revealed that the accusedpersons, including the petitioner (A3), had purchased 100 kgs of ganja from Andhra2/8 https://www.mhc.tn.gov.in/judis CRL OP (MD) No.2606 of 2025Pradesh and attempted to transport it in several vehicles for export to Sri Lanka.Hence, the case.4. Mr.P.Veerapandi, learned counsel appearing for the petitioner, submits thatthis is the 3rd bail application filed by the petitioner and the earlier petitions filed bythe petitioner in Crl.O.P (MD) No.4748 of 2024 and Crl.O.P (MD) No.10190 of 2024were dismissed by this Court on 12.04.2024 and 19.07.2024 respectively. He furthersubmits that the petitioner is an innocent person, that she has not committed theoffence as alleged by the prosecution, and that she has been falsely implicated in thiscase. He further submits that only based on the confession of co-accused, thepetitioner herein has been arrayed as A3 and that no contraband was recovered fromher. He further submits that the petitioner has been in judicial custody since18.12.2023 i.e. for more than 480 days and is ready to abide by any stringentconditions that may be imposed by this Court. He therefore prays to grant bail to thepetitioner.5. Per contra, Mr.R.Meenakshi Sundaram, learned Additional Public Prosecutorappearing for the respondent-police, submits that the accused persons weretransporting ganja in large quantities to various places, including Sri Lanka. Hefurther submits that the petitioner (A3) was assisting Accused No.1 in the loadingand shifting of the contraband. He also submits that Accused No.5 is still absconding,3/8 https://www.mhc.tn.gov.in/judis CRL OP (MD) No.2606 of 2025and that A6 and A7 have been granted pre-arrest bail by this Court on 29.02.2024 and27.02.2024 respectively, and A4 has been granted bail by this Court on 14.03.2025.However, he further submits that if bail is granted to the petitioner, she may commita similar offence and abscond and delay the trial. Accordingly, he prays to dismissthis Criminal Original Petition.6. Heard on both sides. This Court has perused the CD file.7. The alleged occurrence took place on 17.12.2023, and the respondent-policeseized 60 kgs of ganja from A1 and 40 kgs of ganja from A2. Based on the confessionof A1, the petitioner herein was arrayed as A9. Admittedly, no contraband wasrecovered from the petitioner. The only overt act attributed to the petitioner is thatshe provided her motorcycle to Accused No.2 for selling the contraband. Except forthis act, there is no material on record connecting the petitioner with the crime. Thesubmission of the learned Additional Public Prosecutor is that the CDR details andother materials collected by the investigating agency show that the petitioner hascommitted the offence. However, merely because CDR details are available, thesematerials are not sufficient to conclude that the petitioner has committed the offence.It is to be noted that the above view is recorded solely for the purpose of deciding thebail petition. This view, in no way, would cause any prejudice to the rights of theprosecution in establishing the case during the trial. In view of the above, this Court4/8 https://www.mhc.tn.gov.in/judis CRL OP (MD) No.2606 of 2025is of the view that further custody of the petitioner is not necessary in this case.Considering the same and also considering the fact that the petitioner is a womanand the period of incarceration suffered by the petitioner and with a view to give anopportunity to the petitioner to reform herself, this Court is inclined to grant bail tothe petitioner, however, subject to certain conditions. Accordingly, bail is granted tothe petitioner subject to the following conditions:(i) The petitioner shall execute a bond for Rs.10,000/- (Rupees Ten Thousandonly) along with two sureties each for a like sum of Rs.10,000/- (Rupees TenThousand only) to the satisfaction of the learned Additional District Judge for EC andNDPS Act Cases, Pudukkottai;(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 Judge for EC and NDPS Act Cases,Pudukkottai shall obtain a copy of any one of identity proofs to ensure their identity;(iii) The petitioner shall furnish her residential address and mobile number tothe learned Additional District Judge for EC and NDPS Act Cases, Pudukkottai;(iv) The petitioner shall appear and sign before the learned Additional DistrictJudge for EC and NDPS Act Cases, Pudukkottai on all working days at 10.30 am untilfurther orders;5/8 https://www.mhc.tn.gov.in/judis CRL OP (MD) No.2606 of 2025(v) The petitioner shall attend in accordance with the conditions of the bond tobe executed under Chapter XXXV of BNS, 2023;(vi) The petitioner shall not commit an offence similar to the offence of whichshe is accused, or suspected, of the commission of which she is suspected;(vii) 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; and(viii) On breach of any of the aforementioned conditions, the learned AdditionalDistrict Judge for EC and NDPS Act Cases, Pudukkottai is entitled to passappropriate orders against the petitioner in accordance with law as if theaforementioned conditions are imposed by her as laid down by the Hon'ble SupremeCourt in P.K. Shaji vs. State of Kerala [(2005) 13 SCC 283].6/8 https://www.mhc.tn.gov.in/judis CRL OP (MD) No.2606 of 20258. Accordingly, this Criminal Original Petition is allowed subject to theconditions stated supra. sd/- 15/04/2025 / TRUE COPY / /04/2025 Sub-Assistant Registrar (CS-I/II/III/IV) Madurai Bench of Madras High Court, Madurai - 625 023. To1. The Additional District Judge for EC and NDPS Act Cases, Pudukkottai.2. The Superintendent, Central Prison (Women),Trichy.3. The Inspector of Police, PEW Police Station, Pudukottai, Pudukottai District.4. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.+1 CC to M/s.P.VEERAPANDI, Advocate ( SR-4297[I] dated 16/04/2025 ) 7/8 https://www.mhc.tn.gov.in/judis CRL OP (MD) No.2606 of 2025 ORDER IN CRL OP(MD) No.2606 of 2025 Date :15/04/2025AS/SAR/ (16/04/2025) 8P / 6C Madurai Bench of Madras High Court is issuing certified copies in this format from17/07/2023 8/8