High Court · 2025

CRL OP (MD) No.3882 of 2025BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction )Date : 15/04/2025PRESENTTHE HONOURABLE MR.JUSTICE R.SAKTHIVELCRL OP (MD) No.3882 of 2025Anand ... Petitioner/Accused No.4 VsThe State of Tamil NaduRep. by the Inspector of Police,Pattiveeranpatti Police Station,Dindigul District.(Crime No. 245 of 2024)... Respondent/ComplainantFor Petitioner : Mr.M.Jayapal AdvocateFor Respondent: Mr.R.Meenakshi Sundaram Additional Public Prosecutor PETITION FOR BAIL Under Sec.483 of BNSSPRAYER :- To enlarge the petitioner on bail in C.C.No.455 of 2024 on the file of the learned IIAdditional Special Court for NDPS Act Cases, Madurai in connection with CrimeNo.245 of 2024 on the file of the respondent-police.1/7 https://www.mhc.tn.gov.in/judis CRL OP (MD) No.3882 of 2025ORDER : The Court made the following order :- This Criminal Original Petition has been filed by the petitioner on 27.02.2025under Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, praying togrant bail.2. The petitioner/Accused No.4 was arrested and remanded to judicial custodyon 03.10.2024 for the offences punishable under Sections 8(c), 20(b)(ii)(C), 25 and 29(1) of Narcotic Drugs and Psychotropic Substances Act, 1985 in Crime No.245 of 2024.After completion of investigation, the respondent-police filed the charge sheet andthe same was taken on file by the learned II Additional Special Court for NDPS ActCases, Madurai in C.C.No.455 of 2024.3. The case of the prosecution is that, based on secret information, on 28.06.2024at about 14.00 hours, the respondent-police conducted a raid at the backside ofChinnamman Kovil, located on Chithoor-Nellur Road. At that time, the respondent-police intercepted two two-wheelers bearing Registration Nos.TN-48-AE-0879 andTN-60-AA-6970, ridden by Accused Nos.1 to 3. Upon enquiry, the respondent-policefound that Accused Nos.1 to 3 were in possession of 20.700 kgs of ganja contained ina white-coloured gunny bag. The police arrested them on the spot and seized theganja. Based on the confession given by Accused No.1, the petitioner was arrayed as2/7 https://www.mhc.tn.gov.in/judis CRL OP (MD) No.3882 of 2025Accued No.4 and was formally arrested on 03.10.2024 when he was in judicialcustody in connection with another case in Crime No.288 of 2024 on the file of theVadipatti Police Station, Madurai. Hence, the case.4. Mr.M.Jayapal, learned counsel appearing for the petitioner, submits that thepetitioner is an innocent person, that he has not committed any offence as alleged bythe prosecution, and that a false case has been foisted against the petitioner. Hefurther submits that no contraband was recovered from the petitioner and that he hasbeen arrayed as Accused No.4 only based on the confession statement of A1. Hefurther submits that the petitioner has been in judicial custody since 03.10.2024 and isready to abide by any conditions that may be imposed by this Court. He thereforeprays to grant bail to the petitioner.5. Per contra, Mr.R.Meenakshi Sundaram, learned Additional Public Prosecutorappearing for the respondent-police, submits that, based on the confession statementof Accused No.1, the petitioner herein has been arrayed as Accused No.4. He furthersubmits that the petitioner has seven previous cases, which are similar in nature, andtherefore, if the petitioner is enlarged on bail, he will commit a similar offence,abscond, and delay the trial. Accordingly, he strongly opposes to grant bail to thepetitioner. 3/7 https://www.mhc.tn.gov.in/judis CRL OP (MD) No.3882 of 20256. Heard on both sides and perused the records.7. The petitioner was formally arrested on 03.10.2024 when he was in judicialcustody in connection with another case in Crime No.288 of 2024 on the file of theVadipatti Police Station, Madurai. Except for the confession statement of AccusedNo.1, there are no other materials available on record connecting the petitioner withthe crime. In particular, no contraband was recovered from the petitioner. To benoted, the above view is recorded only for the purpose of deciding the bail petition.The above view, in any way, would not cause any prejudice to the rights of theprosecution in establishing the case during the trial. Further, after completion of theinvestigation, the respondent-police filed the charge sheet, and the same was takenon file by the learned II Additional Special Court for NDPS Act Cases, Madurai, inC.C.No. 455 of 2024. In view of the above, this Court is of the opinion that furthercustody of the petitioner is not necessary in this case. Considering the same and alsoconsidering the period of incarceration suffered by the petitioner and with a view togive one more opportunity to the petitioner to reform himself, this Court is inclinedto 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.10,000/- (Rupees Ten Thousandonly) along with two sureties each for a like sum of Rs.10,000/- (Rupees Ten4/7 https://www.mhc.tn.gov.in/judis CRL OP (MD) No.3882 of 2025Thousand only) to the satisfaction of the learned II Additional Special Judge forNDPS 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 NDPS Act cases, Maduraishall obtain a copy of any one of identity proofs to ensure their identity;(iii) The petitioner shall furnish his residential address and mobile number tothe learned II Additional Special Judge for NDPS Act cases, Madurai;(iv) The petitioner shall appear and sign before the learned II Additional SpecialJudge for NDPS Act cases, Madurai on all working days at 10.30 am until furtherorders;(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 which heis accused, 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; and5/7 https://www.mhc.tn.gov.in/judis CRL OP (MD) No.3882 of 2025(viii) On breach of any of the aforementioned conditions, learned II AdditionalSpecial Judge for NDPS Act cases, Madurai is entitled to pass appropriate ordersagainst the petitioner in accordance with law as if the aforementioned conditions areimposed by him as laid down by the Hon'ble Supreme Court in P.K. Shaji vs. State ofKerala [(2005) 13 SCC 283].8. Accordingly, this Criminal Original Petition is allowed subject to theconditions stated supra. sd/- 15/04/2025 / TRUE COPY / 16 /04/2025 Sub-Assistant Registrar (CS-I/II/III/IV) Madurai Bench of Madras High Court, Madurai - 625 023. TO1. THE II ADDITIONAL SPECIAL JUDGE FOR NDPS ACT CASES, MADURAI.2 THE SUPERINTENDENT,CENTRAL PRISON, MADURAI.6/7 https://www.mhc.tn.gov.in/judis CRL OP (MD) No.3882 of 20253 THE INSPECTOR OF POLICE,PATTIVEERANPATTI POLICE STATION,DINDIGUL DISTRICT.4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.+1 CC to M/s.M.JAYAPAL, Advocate ( SR-4262[I] dated 16/04/2025 ) ORDER IN CRL OP(MD) No.3882 of 2025 Date :15/04/2025AS/SAR/ (09/04/2025) 7P /6 C Madurai Bench of Madras High Court is issuing certified copies in this format from17/07/2023 7/7