High Court · 2025

CRL OP (MD)No.3596 of 2025BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction )Date : 27/03/2025PRESENTThe HONOURABLE MR. JUSTICE R. SAKTHIVELCRL OP (MD)No.3596 of 2025K.Parthiban,S/o Kali, 1504/1 Kovinthasamy Nagar, Kilkodungalur, Kodungalur, Tiruvannamalai District. ... Petitioner/Accused No.8 VsThe State of Tamil Nadu,Rep by the Inspector of Police, PEW Kovilpatti, Thoothukudi District. Crime No. 492/2023. ... Respondent/Complainant For Petitioner : Mr.Sakthivel.K, Advocate For Respondent : Mr.R.Meenakshi Sundaram, Additional Public Prosecutor1/9 https://www.mhc.tn.gov.in/judis CRL OP (MD)No.3596 of 2025 PETITION FOR BAIL Under Sec.483 of BNSS, 2023PRAYER :-To release the petitioner/Accused No.8 on bail in C.C.No.91of 2024 on the file of the Principal Special Court for EC and NDPS Act cases, Maduraiin connection with Crime No.492 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 24.02.2025under Section 483 of Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, praying togrant bail.2. The petitioner/Accused No.8 was arrested and remanded to judicial custodyon 22.10.2023. The petitioner is facing trial in C.C.No.91 of 2024 on the file of thePrincipal Special Court for EC and NDPS Act cases, Madurai, for the offencespunishable under Sections 8(c) r/w 20(b)(ii)(C), 25 and 29(1) of NDPS Act, 1985, inconnection with Crime No.492 of 2023, on the file of the respondent-police.3. The case of the prosecution is that on 22.08.2023, at about 13.00 hours, basedon secret information, the defacto complainant/the Inspector of Police, along with apolice team, was on surveillance on the Madurai to Tirunelveli National Highway. Atthat time, they noticed an Eicher Pro 1110 lorry bearing Registration No. TN-04-R-2585 parked on the side of the highway. Upon searching the vehicle, the respondent-police found that Accused Nos. 1 to 3 were in illegal possession of 634 kgs of ganja inthat vehicle. Thereafter, the respondent-police arrested Accused Nos. 1 to 3 on thespot and seized the contraband from them. The petitioner is the owner of the said2/9 https://www.mhc.tn.gov.in/judis CRL OP (MD)No.3596 of 2025vehicle and therefore has been arrayed as A8. Hence, the case.4. Mr.K.Sakthivel, learned counsel appearing for the petitioner, submits that thepetitioner has not committed any offence as alleged by the prosecution and that afalse case has been foisted against the petitioner. He further submits that thepetitioner has been in judicial custody since 22.10.2023 and is ready to abide by anyconditions that may be imposed by this Court. He further submits that the mainaccused persons, viz., Accused Nos. 1 to 3, were arrested on the spot and released onstatutory bail. He further submits that the petitioner and Accused Nos.4 and 5 havebeen in judicial custody and that Accused Nos 6, 7, and 9 to 11 did not appear beforethe trial Court, and hence, non-bailable warrants were issued against them, and thesame are pending. He further submits that this Court, in Crl.O.P. (MD) No. 19436 of2024, vide order dated 25.11.2024, directed the trial Court to conclude the trial withina period of four months from the date of receipt of a copy of that order. However,there has been no progress till date, and therefore, there is no possibility ofconcluding the trial within a short span of time. Therefore, he prays to grant bail tothe petitioner.5. Per contra, Mr.R.Meenakshi Sundaram, learned Additional Public Prosecutorappearing for the respondent-police, submits that totally, 634 kgs of ganja wasrecovered from Accused Nos.1 to 3 at the spot. He further submits that there are3/9 https://www.mhc.tn.gov.in/judis CRL OP (MD)No.3596 of 2025totally 11 accused persons in this case and based on the confession of the co-accused,the petitioner herein has been arrayed as Accused No.8. He further submits that thepetitioner used the sim card belonging to the wife of Accused No.1. He furthersubmits that the petitioner has not satisfied the twin conditions stated under Section37 of the NDPS Act, 1985. He further submits that the respondent-police is going totake steps to split up the case against Accused Nos.6, 7, 9 to 11. He further submitsthat there is no previous case pending against the petitioner. He further submits thatthis is the fourth bail application filed by the petitioner before this Court. He furtherbrings to notice of this Court the earlier order passed by this Court in Crl.O.P.(MD).No.19436 of 2024 dated 25.11.2024. It is apposite to extract Paragraph Nos.6 and 7 ofthe order. “6. Taking into consideration the facts and circumstances of thecase and the quantity of ganja that has been seized in this case andconsidering the materials that have now been gathered by theprosecution as against the petitioner prima facie establishes that thevehicle in which the ganja was transported belonged to the petitionerand also considering the fact that there are no statutory violation asper requirement under Section 37 of NDPS Act, this Court is notinclined to enlarge the petitioner on bail. 4/9 https://www.mhc.tn.gov.in/judis CRL OP (MD)No.3596 of 20257. In the instant case, the final report has already been filed andthe case is now pending before the learned Special Principal DistrictJudge for EC and NDPS Act Cases, Madurai in C.C.No.91 of 2024.Hence, it will be more appropriate to direct the concerned Court toproceed further with the trial. If Accused Nos.6, 7, 9 to 11 are not ableto be secured within a reasonable time, the case shall be split up andthe trial can go on for all other persons, who have sufferedincarceration for a long period of time. In any case, the trial shall beconducted on a day to day basis and the same shall be concludedwithin a period of four months from the date of receipt of a copy ofthis order and compliance report shall be filed before this Court.” Hence, he prays to dismiss this petition. 6. Heard on both sides. This Court has perused the case file.7. The petitioner was arrested and remanded to judicial custody on 22.10.2023.It is seen that Accused Nos.1 to 3 were arrested on the spot and released on statutorybail. It is further seen that Accused Nos.1 to 3 have been regularly appearing beforethe trial Court. The petitioner has been arrayed as Accused No.8 based on theconfession of the co-accused. The petitioner has permanent residence. Therefore,there is less possibility of absconding. 5/9 https://www.mhc.tn.gov.in/judis CRL OP (MD)No.3596 of 20258. Considering the above, and also considering the period of incarceration andthe fact that there is no possibility of concluding the trial within a short span of time,and taking note of the fact that the alleged contraband has been recovered from theco-accused, and with a view to give an opportunity to the petitioner to reformhimself, this Court is inclined to grant bail to the petitioner, however, subject tocertain 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 Special PrincipalDistrict and Sessions Judge for E.C. and 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 Special Principal District and Sessions Judge for E.C. andNDPS Act Cases, Madurai, shall obtain a copy of any one of identity proofs to ensuretheir identity;(iii) The petitioner shall furnish his residential address and mobile number tothe learned Special Principal District and Sessions Judge for E.C. and NDPS ActCases, Madurai;6/9 https://www.mhc.tn.gov.in/judis CRL OP (MD)No.3596 of 2025(iv) The petitioner shall appear and sign before the learned Special PrincipalDistrict and Sessions Judge for E.C. and NDPS Act Cases, Madurai, on all workingdays at 10.30 a.m., and 05.00 p.m., until further orders;(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 he isaccused, or suspected, of the commission of which he 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 himfrom disclosing such facts to the Court or to any police officer or tamper with theevidence;(viii) The petitioner shall not, directly or indirectly, cause any threat to thedefacto complainant and witnesses; and(ix) On breach of any of the aforementioned conditions, learned SpecialPrincipal District and Sessions Judge for E.C. and NDPS Act Cases, Madurai, 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].7/9 https://www.mhc.tn.gov.in/judis CRL OP (MD)No.3596 of 20259. Accordingly, this Criminal Original Petition is allowed subject to theconditions stated supra. sd/- 27/03/2025 / TRUE COPY / 28/03/2025 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023. TSGTO1 THE SPECIAL PRINCIPAL DISTRICT AND SESSIONS JUDGE FOR EC AND NDPS ACT CASES,MADURAI.2 THE SUPERINTENDENT,CENTRAL PRISON, PALAYAMKOTTAI.3 THE INSPECTOR OF POLICE, PEW KOVILPATTI, THOOTHUKUDI DISTRICT. 4 THE ADDITIONAL PUBLIC PROSECUTOR,MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. +1 CC to M/s.K.SAKTHIVEL, Advocate ( SR-3650[I] dated 28/03/2025 )8/9 https://www.mhc.tn.gov.in/judis CRL OP (MD)No.3596 of 2025 ORDER IN CRL OP(MD) No.3596 of 2025 Date :27/03/2025SA/SAR. /28.03.2025/9P/6CMadurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023. 9/9