High Court · 2025

CRL OP (MD) No.4958 of 2025BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction )Date : 16/04/2025PRESENTThe HONOURABLE MR. JUSTICE R. SAKTHIVELCRL OP (MD) No.4958 of 2025J.Vivek ... Petitioner/Accused No.6 VsThe State of Tamil NaduRep. by the Inspector of Police,Pattiveeranpatti, Dindigul District.(Crime No. 245 of 2024). ... Respondent/ComplainantFor Petitioner : Mr.P.Rengaraju Advocate.For 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 trial of NDPS Act Cases, Madurai in connection withCrime No.245 of 2024 on the file of the respondent-police.ORDER : The Court made the following order: 1/7 https://www.mhc.tn.gov.in/judis CRL OP (MD) No.4958 of 2025This Criminal Original Petition has been filed by the petitioner on 14.03.2025under Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, praying togrant bail.2. The petitioner/Accused No.6 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, one Anand was arrayed asAccused No.4. While conducting enquiry and search on A4, it was revealed that thepetitioner (A6) and A5 were involved in the case. The petitioner was formally2/7 https://www.mhc.tn.gov.in/judis CRL OP (MD) No.4958 of 2025arrested on 03.10.2024 when he was in judicial custody in connection with anothercase in Crime No.288 of 2024 on the file of the Vadipatti Police Station, Madurai.Hence, the case.4. Mr.P.Rengaraju, learned counsel appearing for the petitioner, submits thatthe petitioner is an innocent person, that he has not committed any offence as allegedby the prosecution, and that a false case has been foisted against the petitioner. Hefurther submits that no contraband was recovered from the petitioner, and that hisname was not mentioned in the FIR. He further submits that the petitioner has beenin judicial custody since 03.10.2024 and is ready to abide by any conditions that maybe imposed by this Court. He therefore prays to grant bail to the petitioner.5. Per contra, Mr.R.Meenakshi Sundaram, learned Additional Public Prosecutorappearing for the respondent-police, submits that while conducting enquiry andsearch on A4, it was revealed that the petitioner (A6) was involved in the case andwas formally arrested on 03.10.2024 when he was in judicial custody in connectionwith another contraband case in Crime No.288 of 2024 on the file of the VadipattiPolice Station, Madurai. He further submits that if the petitioner is enlarged on bail,he will commit a similar offence, abscond, and delay the trial. Accordingly, hestrongly opposes to grant bail to the petitioner.6. Heard on both sides and perused the records.3/7 https://www.mhc.tn.gov.in/judis CRL OP (MD) No.4958 of 20257. 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. The petitioner has been arrayed as Accused No.6,as the investigation revealed that he was involved in the case. Except that, there areno other materials available on record connecting the petitioner with the crime. Inparticular, no contraband was recovered from the petitioner. To be noted, the aboveview is recorded only for the purpose of deciding the bail petition. The above view, inany way, would not cause any prejudice to the rights of the prosecution inestablishing the case during the trial. Further, after completion of the investigation,the respondent-police filed the charge sheet, and the same was taken on file by thelearned II Additional Special Court for NDPS Act Cases, Madurai, in C.C.No. 455 of2024. In view of the above, this Court is of the opinion that further custody of thepetitioner is not necessary in this case. Considering the same and also considering theperiod of incarceration suffered by the petitioner and with a view to give one moreopportunity to the petitioner to reform himself, 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 Ten4/7 https://www.mhc.tn.gov.in/judis CRL OP (MD) No.4958 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.4958 of 2025(viii) On breach of any of the aforementioned conditions, the learned IIAdditional Special Judge for NDPS Act cases, Madurai is entitled to pass appropriateorders against the petitioner in accordance with law as if the aforementionedconditions are imposed by him as laid down by the Hon'ble Supreme 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/- 16/04/2025 / TRUE COPY / 17/04/2025 Sub-Assistant Registrar ( ) Madurai Bench of Madras High Court, Madurai - 625 023. Rmk To1. The II Additional Special Judge for NDPS Act cases, Madurai 2. The Superintendent, Central Prison, Madurai.3. The Inspector of Police, Pattiveeranpatti Police Station, Dindigul District.4. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. ORDER IN CRL OP(MD) No.4958 of 2025 Date :16/04/20256/7 https://www.mhc.tn.gov.in/judis CRL OP (MD) No.4958 of 2025NBF/SAR/ (17/04/2025) 7P/5CMadurai Bench of Madras High Court is issuing certified copies in this format from 17/07/20237/7