High Court · 2025

CRL.OP (MD) No.5350 of 2025BEFORE THE MADURAI BENCH OF MADRAS HIGH COURTDATED : 08.05.2025CORAMTHE HON'BLE MR.JUSTICE R.SAKTHIVELCRL.OP (MD) No.5350 of 2025S.Murugan @ Pulimurugan,S/o.Subramanian... Petitioner / Accused No.9Vs.The State of Tamil Nadu rep by,The Inspector of Police, Tenkasi Police Station,Tenkasi District.(Crime No.582 of 2023)... Respondent / ComplainantPRAYER :- The Criminal Original Petition filed under Section 483 of the BharatiyaNagarik Suraksha Sanhita (BNSS), 2023 praying to grant bail to the petitioner inC.C.No.170 of 2024 pending on the file of the I Additional Special Court for Trial ofEC and NDPS Act Cases, Madurai in connection with Crime No.582 of 2023 on thefile of the respondent-police. For Petitioner : Mr.A.Arputharaj, Advocate. For respondent: Mr.R.Meenakshi Sundaram, Additional Public ProsecutorORDER : The Court made the following order :-This Criminal Original Petition has been filed by the petitioner on 20.03.20251/8 https://www.mhc.tn.gov.in/judis CRL.OP (MD) No.5350 of 2025under Section 483 of Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 praying togrant bail to the petitioner in C.C.No.170 of 2024 pending on the file of the IAdditional Special Court for Trial of EC and NDPS Act Cases, Madurai, in connectionwith the Crime No.582 of 2023 on the file of the respondent-police.2. The petitioner / Accused No.9 was arrested and remanded to judicialcustody on 05.02.2024 for the alleged offences punishable under Sections 8(c) and 20(b)(ii)(C) of the Narcotic Drugs and Psychotropic Substances Act, 1985 in CrimeNo.582 of 2023 on the file of the respondent-police. After the investigation, the chargesheet has been filed and the same was taken on file by the learned I AdditionalSpecial Court for Trial of NDPS Act Cases, Madurai in C.C.No.170 of 2024.3. The case of the prosecution is that based on secret information, on 29.12.2023at about 05:30 hours, when the Sub Inspector of Police, Tenkasi Police Station, alongwith his team, was on patrol duty near Ayyapuram Junction, they found that A1 toA5 were in possession of 22 kgs of ganja in a four-wheeler bearing RegistrationNo.TN-96-F-7778. The police arrested A1 to A5 and seized the vehicle and ganja.Hence, the case. There are totally 11 accused persons in this case. Based on theconfession of co-accused persons, the petitioner has been arrayed as Accused No.9. 2/8 https://www.mhc.tn.gov.in/judis CRL.OP (MD) No.5350 of 20254. Mr.A.Arputharaj, the learned counsel appearing for the petitioner, submittedthat the petitioner herein was not present at the scene of occurrence. He furthersubmitted that only based on the confession of co-accused persons, he has beenfalsely roped in this case and he has no knowledge/idea about the other accusedpersons. He further submits that the petitioner has been in judicial custody since05.02.2024 and that this Court has already granted bail to Accused Nos.6 and 7 inCrl.O.P.(MD).Nos.22372 of 2024 and 2155 of 2025 on 21.01.2025 and 26.02.2025respectively. He therefore prayed to grant bail to the petitioner.5. Per contra, Mr.R.Meenakshi Sundaram, learned Additional Public Prosecutorappearing for the respondent-police, submitted that the case was registered on29.12.2023, and the charge sheet was filed on 20.06.2024 and taken on file inC.C.No.170 of 2024. He further submitted that this is a case of smuggling of NarcoticDrugs. Additional documents were filed before the Trial Court on 13.02.2025 inCrl.M.P. No. 545 of 2025 (E-Filing No.TNMD050005532025), including the Call DetailRecords (CDRs) of all eleven accused persons along with the statement of the NodalOfficer. At this juncture, if the petitioner is enlarged on bail, there is every likelihoodof his absconding. Moreover, releasing the petitioner on bail may lead to tampering3/8 https://www.mhc.tn.gov.in/judis CRL.OP (MD) No.5350 of 2025of evidence and may also stall the progress of the trial. Therefore, he vehementlyopposed to grant bail to the petitioner, stating that if bail is granted, the petitionermay abscond and thereby delay the trial proceedings. Accordingly, he prayed todismiss the petition. 6. Heard on both sides. This Court has perused the records.7. Admittedly, no contraband was seized from the petitioner. The petitionerwas arrayed as an accused based on the confession allegedly given by the co-accusedpersons. The petitioner was arrested and remanded to judicial custody on 05.02.2024.The petitioner has permanent residence and therefore, there is less possibility ofabsconding. This Court has already granted bail to Accused No.6 and 7 in Crl.O.P.(MD).Nos.22372 of 2024 and 2155 of 2025 on 21.01.2025 and 26.02.2025 respectively.No contraband was seized / recovered from the petitioner. Further materialsavailable on record would not establish the involvement of the petitioner with thecrime. Hence, this Court is of the view that the petitioner has wriggled out of therigors of Section 37 of NDPS Act. To be noted, the aforesaid view is recorded only forthe limited purpose of deciding this bail application alone and the same would notcause prejudice to the prosecution to establish its case during trial. Considering the4/8 https://www.mhc.tn.gov.in/judis CRL.OP (MD) No.5350 of 2025same and also considering the period of incarceration and with a view to give onemore opportunity to the petitioner to reform himself, this Court is inclined to grantbail 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 TenThousand only) to the satisfaction of the I Additional Special Court for Trial of NDPSAct 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 I Additional Special Court for Trial of NDPS Act Cases, Maduraishall obtain a copy of any one of identity proofs to ensure their identity.(iii) The petitioner shall attend in accordance with the conditions of the bond tobe executed under Chapter XXXV of BNSS, 2023.(iv) 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.5/8 https://www.mhc.tn.gov.in/judis CRL.OP (MD) No.5350 of 2025(v) 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.(vi) The petitioner shall appear and sign before the learned Judge, I AdditionalSpecial Court for Trial of NDPS Act Cases, Madurai on all working days at 10.30 a.m.and 05.00 p.m. until further orders.(vii) The petitioner shall not leave Tamil Nadu without prior permission of theTrial Court.(viii) The petitioner shall appear on all hearing dates and co-operate with theTrial Court for speedy disposal of the case.(ix) The petitioner shall furnish his residential address and mobile number tothe I Additional Special Court for Trial of NDPS Act Cases, Madurai.(x) On breach of any of the aforementioned conditions, the I Additional SpecialCourt for Trial of NDPS Act Cases, Madurai is entitled to pass appropriate orders6/8 https://www.mhc.tn.gov.in/judis CRL.OP (MD) No.5350 of 2025against 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. Stateof Kerala [(2005) 13 SCC 283].8. Accordingly, this Criminal Original Petition is allowed subject to theconditions stated supra. sd/- 08/05/2025 / TRUE COPY / 09/05/2025 Sub-Assistant Registrar (C.S. I / II / III / IV) Madurai Bench of Madras High Court, Madurai - 625 023. PALTO1 THE I ADDITIONAL SPECIAL JUDGEFOR TRIAL OF NDPS ACT CASES, MADURAI.2 THE INSPECTOR OF POLICE,TENKASI POLICE STATION,TENKASI3 THE OFFICER INCHARGEDISTRICT PRISON, PERURANI, THOOTHUKUDI.4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. 7/8 https://www.mhc.tn.gov.in/judis CRL.OP (MD) No.5350 of 2025 ORDER IN CRL OP(MD) No.5350 of 2025 Date :08/05/2025 SS/SAR- /09/05/2025/ 8P/5CMadurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 8/8