High Court · 2025

CRL OP(MD). No.5322 of 2025BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction )Date : 25/04/2025PRESENTTHE HONOURABLE MR. JUSTICE R. SAKTHIVELCRL OP(MD). No.5322 of 2025Muthuirulu ... Petitioner/Accused No.6 VsState of Tamil Nadu,Thondi Police Station, Ramanthapuram District.Cr No.272 of 2023 ... Respondent/Complainant For Petitioner : Mr.Jegadeesh Pandian.M, Advocate For Respondent : Mr.R.Meenakshi Sundaram, Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS, 2023PRAYER :- To enlarge the petitioner on the bail in the event of his arrest by respondentpolice or his appearance before the concerned court in connection with the case inC.C.No.159 of 2024 in Cr .No.272/2023 on the file of the learned Additional DistrictJudge for EC and NDPS Act Cases, Pudukottai.1/8 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.5322 of 2025ORDER : The Court made the following order :- This Criminal Original Petition has been filed by the petitioner on 18.03.2025under Section 482 of Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, praying togrant pre-arrest bail.2. The petitioner / Accused No.6, who apprehends arrest at the hands of therespondent-Police and is facing trial in C.C.No.159 of 2024 on the file of the learnedAdditional District Judge for EC and NDPS Act Cases, Pudukottai, for the offencespunishable under Sections 120(b) read with 8(C) r/w 20(b)(ii)(C), 25 and 29(1) ofNDPS Act, 1985 in connection with Crime No.272 of 2023 on the file of therespondent-Police, seeks pre-arrest bail. 3. The case of the prosecution is that on 26.11.2023, at about 09.30 hours, basedon the secret information received by the Sub Inspector of Police from the VillageAdministrative Officer, a police team conducted an inspection near the Sea shore,M.R.Pattinam Village. During the inspection, they found that the accused personswere illegally transporting 105 kgs of ganja in a Bolero vehicle bearing RegistrationNo.TN-38-BZ-3420. The respondent-police seized the contraband and arrested theaccused persons and based on the confession of Accused No.5, the petitioner hereinhas been arrayed as Accused No.6. in this case. Hence, the case. 2/8 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.5322 of 20254. Mr.M.Jegadeesh Pandian, learned counsel appearing for the petitioner,submits that the petitioner has nothing to do with the alleged offence, and a falsecase has been foisted against the petitioner. He however submits that the petitioneris ready to abide any conditions to be imposed by this Court, and co-operate withthe trial. He further submits that no contraband has been recovered from thepetitioner. He further submits that the petitioner has no knowledge of the factum ofregistration of the case. Therefore, he prays for granting pre-arrest bail to thepetitioner.5. Per contra, Mr.R.Meenakshi Sundaram, learned Additional Public Prosecutorappearing for the respondent-Police, submits that the respondent-Police seized 105kgs of ganja from the accused persons. He further submits that based on theconfession of the co-accused, the petitioner herein has been arrayed as AccusedNo.6. He further submits that the petitioner has already filed Pre-arrest bail beforethis Court in Crl.O.P.(MD).No.793 of 2025 and the same was dismissed on20.01.2025. Further, he submits that the rigors stated in Section 37 of the NDPS Actwould be applicable to this case. Accordingly, he prays to dismiss this petition.6. Heard on both sides. This Court has perused the records.7. On verification of the details available on the E-Court website dated15.04.2025 reads as thus:-3/8 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.5322 of 2025Business:A5 present. A3, A4 not present, Petition filesand allowed and today A7 side files an memoalong with as copy of HHC Medical Boardorder wherein the medical board quashed thecase against A7. Issue summons to A1, A2, A6.Call on 29.04.2025Next Purpose:Service pendingNext Hearing date:29.04.2025Additional District Judge for E.C. and NDPS Act Cases8. The petitioner has already moved pre-arrest bail before this Court and thesame was dismissed on 20.01.2025 and the above said order reads as thus“When this Court was not inclined to grant anticipatory bail tothe petitioner, the learned counsel appearing for the petitioner soughtfor permission to withdraw this Criminal Original Petition.2.Accordingly, this Criminal Original Petition stands dismissed aswithdrawn.” 9. In view of the facts and circumstances of the case, this Court is of the viewthat the rigors stated in Section 37 of the NDPS Act would not be applicable to thecase. To be noted, the above view is recorded only for the purpose of deciding thebail petition. The above view, in any way, would not cause any prejudice to therights of the prosecution in establishing the case during the trial. 4/8 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.5322 of 202510. The petitioner has annexed some medical records of the petitioner beforethis Court. The petitioner has permanent residence and deep roots in the society andtherefore, there is less possibility for absconding. Considering the same and alsotaking note of the ailment suffered by the petitioner and with a view to give anopportunity to the petitioner to reform himself, this Court is inclined to grant anorder of pre-arrest bail to the petitioner subject to the following conditions.(i) The petitioner shall be released on pre-arrest bail in the event of his arrestor in the event of his surrender before the learned Additional District Judge forNDPS Act Cases, Pudukottai, within a period of 15 days from the date on which theorder copy is made ready, on executing a bond for a sum of Rs.25,000/- (RupeesTwenty Five Thousand only) along with two sureties each for a like sum ofRs.25,000/- (Rupees Twenty Five Thousand only) to the satisfaction of the learnedAdditional District Judge for NDPS Act Cases, Pudukottai;(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 Additional District Judge for NDPS Act Cases,Pudukottai, shall obtain a copy of any one of identity proofs to ensure their identity;(iii) The petitioner shall appear and sign before the Additional District Judgefor NDPS Act Cases, Pudukottai, on all working days at 10.30 a.m., until further5/8 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.5322 of 2025orders;(iv) The petitioner shall make himself available for interrogation by a policeofficer as and when required;(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;(vi) The petitioner shall not leave India without the previous permission of theCourt;(vii) The petitioner shall not, directly or indirectly, cause any threat to thedefacto complainant and witnesses and shall not tamper the evidence;(viii) The petitioner shall furnish his residential address and mobile number tothe learned Additional District Judge for NDPS Act Cases, Pudukottai; and(ix) On breach of any of the aforementioned conditions, the learned AdditionalDistrict Judge for NDPS Act Cases, Pudukottai or Trial Court, as the case may be, isentitled to pass appropriate orders against the petitioner in accordance with law asif the 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].6/8 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.5322 of 20258. Accordingly, this Criminal Original Petition is allowed subject to theconditions stated supra. Sd/-25/04/2025// True Copy // /2025Sub Assistant Registrar(CS – I/ II / III /IV)Madurai Bench of Madras High Court,Madurai.TSG TO1.The Additional District Judge for NDPS Act Cases, Pudukottai.2.The Inspector of Police, Thondi Police Station, Ramanthapuram District.3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.+1 CC to M/s.M.JEGADEESH PANDIAN, Advocate ( SR-4940[I] dated28/04/2025 ) CRL OP(MD) No.5322 of 2025 Date : 25/04/2025 7/8 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.5322 of 2025KVL/26.05.2025 8P/5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 8/8