High Court · 2025

CRL OP (MD) No.4807 of 2025BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction )Date : 21.04.2025PRESENTTHE HONOURABLE MR. JUSTICE R. SAKTHIVELCRL OP (MD) No.4807 of 2025Elangovan... Petitioner/Accused No.2 Vs.The State of Tamil NaduRep. by the Superintendent of Customs,No.66, Beach Road,Customs Division,Thoothukudi.(O.R.No.01/2018-2019-DPU-TTN)... Respondent/ComplainantFor Petitioner: Mr.S.Muniyandi AdvocateFor Respondent: Mr.Arul Vadivel Sekar, Special Public ProsecutorPETITION FOR BAIL Under Sec.483 of BNSSPRAYER :-To release the petitioner on bail in C.C.No.14 of 2021 on the file of IIAdditional Special Court for NDPS Act Cases, Madurai in connection withO.R.No.01/2018-2019-DPI-TTN on the file of the respondent.1/7 https://www.mhc.tn.gov.in/judis CRL OP (MD) No.4807 of 2025ORDER : The Court made the following order :-This Criminal Original Petition has been filed by the petitioner on 12.03.2025under Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 prayingto grant bail.2. The petitioner/A2 was arrested and remanded to judicial custody on01.03.2024 for the alleged offences punishable under Sections 8(c) read with 20(b)(ii)(C), 23(C), 28 and 29 of Narcotic Drugs and Psychotropic Substances Act, 1985 inO.R.No.01/2018-2019-DPI-TTN on the file of the respondent.3. The case of the prosecution is that based on secret information, therespondent conducted raid at Tharuvaikulam Village, Thoothukudi District andfound that A1 and A3 illegally transported 104.390 kg of Ganja from AndhraPradesh to Srilanka. Based on the confession of A1 and A3, the petitioner has beenarrayed as an accused in this case. Hence the case.4. Mr.S.Muniyandi, learned counsel appearing for the petitioner, submits thatthe petitioner did not commit any offence as alleged by the prosecution and that hehas been falsely implicated in this case. He further submits that the petitioner hasbeen in judicial custody since 01.03.2024. He further submits that the petitioner hasno previous case. He however submits that the petitioner is ready to abide by anycondition to be imposed by this Court. He therefore prays to grant bail to the2/7 https://www.mhc.tn.gov.in/judis CRL OP (MD) No.4807 of 2025petitioner.5. Per contra, Mr.Arul Vadivel Sekar, learned Special Public Prosecutorappearing for the respondent, submits that A1 has already been arrested and is stillin prison. He further submits that the charge sheet has been filed by the petitionerand the same was taken on file by the file of the II Additional Special Court forNDPS Act Cases, Madurai as C.C.No.14 of 2021 and the case is now posted on22.04.2025 for trial. He therefore submits that if bail is granted to the petitioner atthis stage, the petitioner may cause threat to the witnesses, tamper the evidence,abscond and delay the further trial proceedings. Accordingly, he prays to dismissthis Criminal Original Petition.6. Heard on both sides and perused the records.7. The petitioner was arrested on 01.03.2024 and has been in judicial custodysince then. The petitioner was arrayed as an accused only based on the confessiongiven by A1 and A3. Except confession statement of the co-accused, there are nosufficient materials available on record to connect the petitioner with crime. 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, the case is now postedto 22.04.2025 for trial. In view of the above and the period of incarceration suffered3/7 https://www.mhc.tn.gov.in/judis CRL OP (MD) No.4807 of 2025by the petitioner, this Court is of the opinion that further custody of the petitioner isnot necessary for the Investigation Agency in this case. Further, the petitioner haspermanent residence, and therefore, there is less possibility of absconding.Considering the same and with a view to give an opportunity to the petitioner toreform himself, this Court is inclined to grant bail to the petitioner, however, subjectto certain 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 II Additional SpecialJudge for 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 II Additional Special Judge for NDPS Act Cases,Madurai shall 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 AdditionalSpecial Judge for NDPS Act Cases, Madurai on all working days at 10.30 a.m., until4/7 https://www.mhc.tn.gov.in/judis CRL OP (MD) No.4807 of 2025further 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 whichhe is 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; and(viii) On breach of any of the aforementioned conditions, the learned IIAdditional Special Judge for NDPS Act Cases, Madurai is entitled to passappropriate orders against the petitioner in accordance with law as if theaforementioned 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].5/7 https://www.mhc.tn.gov.in/judis CRL OP (MD) No.4807 of 20258. Accordingly, this Criminal Original Petition is allowed subject to theconditions stated supra. sd/- 21/04/2025 / TRUE COPY / /04/2025 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023. mbiTo1.The Judge, II Additional Special Judge for NDPS Act Cases, Madurai.2.The Superintendent of Prison, Central Prison, Madurai.3.The Superintendent of Customs, No.66, Beach Road, Customs Division, Thoothukudi.4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.+1 CC to M/s.J.JEYA ARON RAJA, Advocate ( SR-4428[I] dated 21/04/2025 )6/7 https://www.mhc.tn.gov.in/judis CRL OP (MD) No.4807 of 2025 ORDER IN CRL OP(MD) No.4807 of 2025 Date :21/04/2025 MK/SAR /22.04.2025 7P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 7/7