High Court · 2025

CRL.OP(MD). No.5553 of 2025BEFORE THE MADURAI BENCH OF MADRAS HIGH COURTDATED: 22.04.2025PRESENTTHE HON'BLE MR.JUSTICE R.SAKTHIVELCRL.OP(MD). No.5553 of 2025Sanjeevkumar... Petitioner / Accused No.3Vs.The State of Tamil Nadu rep byThe Inspector of Police,Appanthirupathy Police Station,Madurai District.(Crime No.92 of 2018)... Respondent /ComplainantPRAYER :- The Criminal Original Petition filed under Section 482 of the BharatiyaNagarik Suraksha Sanhita (BNSS), 2023 praying to grant pre-arrest bail to thepetitioner in Crime No.92 of 2018 on the file of the respondent police.For Petitioner :Mr.S.Jai Surya Prakash,AdvocateFor 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 24.03.2025under Section 482 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, praying1/7 https://www.mhc.tn.gov.in/judis CRL.OP(MD). No.5553 of 2025to grant an order of pre-arrest bail.2. The petitioner apprehends arrest at the hands of the respondent-policebased on the Non-Bailable Warrant issued by the learned I Additional District Judgefor NDPS Act, Madurai in C.C.No.393 of 2022 for the offences punishable underSections 8(c) and 20(b)(ii)(B) of the Narcotic Drugs and Psychotropic Substances Act,1985, @ Sections 8(c), 20(b)(ii)(C), 25 and 29(1) of the Narcotic Drugs andPsychotropic Substances Act, 1985, in connection with the Crime No.92 of 2018 onthe file of the respondent-police.3. The case of the prosecution is that, on 05.04.2018 at about 19.00 hours, theSpecial Sub-Inspector of Police, while on patrol duty, intercepted a Mahindra Veritocar bearing Registration No.TN-60-K-2748 and found the accused persons inpossession of 150 kilograms of ganja, which had been purchased from AndhraPradesh with the intention of illegal sale. The accused were apprehended by therespondent police. The petitioner was later enlarged on bail in Crime No.92 of 2018.After completion of investigation, the respondent-police filed final report and thesame was taken on file by the learned I Additional District Judge for E.C. and NDPSAct Cases, Madurai in C.C.No.393 of 2022. Due to non-appearance of the petitioner,the Trial Court issued Non-Bailable Warrant against the petitioner on 05.09.2024.The petitioner reasonably apprehends that if he surrenders before the Trial Court2/7 https://www.mhc.tn.gov.in/judis CRL.OP(MD). No.5553 of 2025and files a petition to recall the Non-Bailable Warrant (NBW) issued against him,the Trial Court may not accept his surrender and may instead remand or detain himin judicial custody. Hence, the petitioner has filed the present petition seeking anorder of pre-arrest bail. 4. Mr.S.Jai Surya Prakash, the learned counsel for the petitioner, submits thatthe petitioner is an innocent person and he has not committed any offence as allegedby the prosecution. He further submits that the petitioner was enlarged on bail.After conducting investigation in the above crime number, final report was filedbefore the learned I Additional District Judge for NDPS Act, Madurai and the samewas taken on file in C.C.No.393 of 2022. When the case was posted on 05.09.2024,the petitioner failed to appear before the Trial Court due to ill health. Hence, theTrial Court issued a Non-Bailable Warrant (NBW) against the petitioner. Thepetitioner reasonably apprehends that if he surrenders before the Trial Court andfiles a petition to recall the Non-Bailable Warrant (NBW), the Trial Court may notaccept his surrender and may instead remand or detain him in prison. Hence, thepetitioner seeks an order of pre-arrest bail. He however submits that the petitioneris ready to abide any conditions to be imposed by this Court. Accordingly, he praysto grant an order of pre-arrest bail to the petitioner.5. Per contra, Mr.R.Meenakshi Sundaram, the learned Additional Public3/7 https://www.mhc.tn.gov.in/judis CRL.OP(MD). No.5553 of 2025Prosecutor appearing for the respondent-police, submits that there are totally fiveaccused persons in this case and the petitioner has been arrayed as A3. He furthersubmits that the petitioner was enlarged on bail. After completion of theinvestigation in the above crime number, final report was filed before the learned IAdditional District Judge for NDPS Act Cases, Madurai, and the same was taken onfile in C.C.No.393 of 2022. In the meantime, the petitioner absconded while on bailand failed to appear before the Trial Court on 05.09.2024. Consequently, a Non-Bailable Warrant was issued against the petitioner for his non-appearance. Hefurther submits that at this stage, if the pre-arrest bail is granted to the petitioner, hewill abscond and tamper the evidence. Accordingly, he prays to dismiss thisCriminal Original Petition.6. Heard on both sides. This Court has perused the records. 7. The petitioner herein is facing trial in C.C. No. 393 of 2022 on the file of theTrial Court. This Court has perused the records available on the e-Courts website,and it is seen that the petitioner was regularly appearing before the Trial Court until05.09.2024. However, on 05.09.2024, the petitioner was absent, and consequently, theTrial Court issued a Non-Bailable Warrant (NBW) against him. The petitioner hasstated that he was unable to appear before the Trial Court on that date due to illhealth. Upon considering the explanation offered in the petition, this Court is4/7 https://www.mhc.tn.gov.in/judis CRL.OP(MD). No.5553 of 2025satisfied with the reasons stated. In view of the nature of the offence allegedlycommitted by the petitioner, and considering the reasons stated in the petitionexplaining his non-appearance before the Trial Court, this Court is of the view thatthe petitioner’s apprehension of arrest is reasonable. Considering the same and alsoconsidering the facts and circumstances of the case, and with a view to give onemore opportunity to the petitioner to reform himself, this Court is inclined to grantpre-arrest bail to the petitioner. Accordingly, pre-arrest bail is granted to thepetitioner 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 I Additional District Judge forNDPS Act, Madurai, within a period of 15 days from the date on which the ordercopy is made ready, on executing a bond for a sum of Rs.25,000/- (Rupees TwentyFive Thousand only) along with one surety for a like sum of Rs.25,000/- (RupeesTwenty Five Thousand only) to the satisfaction of the learned I Additional DistrictJudge for NDPS Act, 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 Judicial Magistrate shall obtain a copy of any one ofidentity proofs to ensure their identity. 5/7 https://www.mhc.tn.gov.in/judis CRL.OP(MD). No.5553 of 2025(iii) The petitioner shall appear and sign before the learned I AdditionalDistrict Judge for NDPS Act cases, Madurai on all working days without fail. (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 also not, directly or indirectly, cause any threat to thewitnesses and shall not tamper the evidence.(vii) The petitioner shall not leave India without the previous permission ofthe Court.(viii) The petitioner shall furnish his residential address and mobile numberto the concerned Magistrate.(ix) On breach of any of the aforementioned conditions, the learned JudicialMagistrate or Trial Judge, as the case may be, is entitled to pass appropriate ordersagainst the petitioner in accordance with law as if the aforementioned conditions areimposed by them 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 the6/7 https://www.mhc.tn.gov.in/judis CRL.OP(MD). No.5553 of 2025conditions stated supra. Sd/-22/04/2025/ TRUE COPY // /2025 Sub-Assistant Registrar (C.S.I /II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023. pal To1.The I Additional District Judge for NDPS Act, Madurai.2.The Inspector of Police, Appanthirupathy Police Station, Madurai District.3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.Order made inCRL.OP(MD). No.5553 of 202522.04.2025BV(27/05/2025) 7P/ 4CMadurai Bench of Madras High Court is issuing certified copies in this format from 17.07.2023.7/7