High Court · 2025

CRL OP (MD) No.6026 of 2025BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction )Date : 28/04/2025PRESENTTHE HONOURABLE MR. JUSTICE R. SAKTHIVELCRL OP (MD) No.6026 of 2025K. Suresh @ Mullu Suresh ... Petitioner/A9 Vs.The State of Tamil NaduRep. by The Inspector of Police,PEW Ramanathapuram Police Station,Ramanathapuram District.Crime No.401 of 2023 ... Respondent/Complainant For Petitioner : Mr.C.Kannan, Advocate. For Respondent : Mr.R.Meenakshi Sundaram, Additional Public Prosecutor PETITION FOR BAIL Under Sec.483 of BNSS, 2023PRAYER :-To grant bail for the Petitioner/Accused No.9 in the case in C.C.No.149 of2024, on the file of the learned Additional Special Court for EC and NDPS Act Cases,Pudukottai in connection with Crime No.401 of 2023 on the file of the respondent-police.ORDER : The Court made the following order :- This Criminal Original Petition has been filed by the petitioner on 28.03.20251/7 https://www.mhc.tn.gov.in/judis CRL OP (MD) No.6026 of 2025under Section 483 of Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, praying togrant bail.2. The petitioner/Accused No.9 was arrested and remanded to judicialcustody on 03.04.2024 for the offences punishable under Sections 8(c), 20(b)(ii)(C)and 25 of the Narcotic Drugs and Psychotropic Substances Act, 1985, in CrimeNo.401 of 2023, on the file of the respondent-police. 3. The case of the prosecution is that, on 03.06.2023, at about 17:00 hours, basedon secret information, the respondent-police proceeded to Mullimunai,Thiruvadanai Taluk. There, they found A1, A3, A7, and A8 standing near the houseof A1, along with a Bolero pick-up vehicle bearing Registration No.TN-65-AL-4806.The respondent-police arrested them. Upon conducting a search around the houseof A1, they found 21 kilograms of ganja in a white bag located at the backside of thehouse. Thereafter, A1 gave a confession. The police seized the contraband and thevehicle. Based on the confession of Accused No.1, the petitioner and other accusedpersons were arrayed as accused in this case. Hence, the case. 3.1. The investigation has been completed and charge sheet has been filed. Asfar as the petitioner is concerned, the absconding charge sheet was filed. Thepetitioner was arrested in connection with another case in Crime No.103 of 2024 onthe file of Thiruppuvanam Police Station. Thereafter, the petitioner was formally2/7 https://www.mhc.tn.gov.in/judis CRL OP (MD) No.6026 of 2025arrested in this case on 03.04.2024. 4. Mr.C.Kannan, learned counsel appearing for the petitioner, submits that thepetitioner has nothing to do with the alleged offence and that only based on theconfession of co-accused, the petitioner has been arrayed as Accused No.9. Hefurther submit that the petitioner was arrested on 03.04.2025 and that therespondent-police filed a charge sheet. He further submits that the petitioner isready to abide by any conditions to be imposed by this Court. He further submitsthat if bail is granted to the petitioner, he will not abscond. He further submits thatexcept the confession, no other material or evidence is available on record againstthe petitioner. Therefore, he prays for granting bail to the petitioner.5. Per contra, Mr.R.Meenakshi Sundaram, learned Additional PublicProsecutor appearing for the respondent-police, submits that the respondent-policeseized 21 kgs of ganja from A1. He further submits that since the petitioner and theother accused persons purchased the contraband with a common intention to sell itillegally and earn money and the petitioner has connection with the crime, therecovery of ganja from other accused persons should be taken into account and thatthe contraband seized from the other accused persons comes within the category ofcommercial quantity. Further, he submits that the rigors stated in Section 37 of theNDPS Act would be applicable to this case. He relies upon the judgment of the3/7 https://www.mhc.tn.gov.in/judis CRL OP (MD) No.6026 of 2025Hon'ble Supreme Court in Narcotics Control Bureau v. Mohit Aggarwal, reportedin (2022) 18 SCC 374. He further submits that the confession of the co-accusedclearly discloses the involvement of the petitioner. The learned Additional PublicProsecutor therefore prays to dismiss this Criminal Original Petition. 6. Heard on both sides and perused the records.7. The petitioner was arrested on 03.04.2024 while he was in jail in connectionwith another case in Crime No.103 of 2024 on the file of the Thiruppuvanam PoliceStation and has been in judicial custody since then. Based on the confession ofAccused No.1, the petitioner has been arrayed as an accused. Except for theconfession of A1, there is no other material available on record to establish thepetitioner’s involvement in this crime. The submission of the learned AdditionalPublic Pleader that the recovery of ganja from the other accused persons should betaken into account due to the petitioner’s alleged connection with the crime is notacceptable, as no recovery was made from the petitioner. Hence, this Court is of theview that the rigors stated in Section 37 of the NDPS Act would not be applicable tothe case. To be noted, the above view is recorded only for the purpose of decidingthe bail petition. The above view, in any way, would not cause any prejudice to therights of the prosecution in establishing the case during the trial. 8. Considering the above and taking note of the period of incarceration, this4/7 https://www.mhc.tn.gov.in/judis CRL OP (MD) No.6026 of 2025Court is inclined to grant bail to the petitioner, however, subject to certainconditions. Accordingly, bail is granted to the petitioner subject to the followingconditions:(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 learned Additional District Judge for ECand 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 EC and NDPS Act Cases,Pudukottai, 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 Additional District Judge for EC and NDPS Act Cases, Pudukottai;(iv) The petitioner shall appear and sign before the learned Additional DistrictJudge for EC and NDPS Act Cases, Pudukottai on all working days, at 10.30 a.m.,until further orders;(v) The petitioner shall attend in accordance with the conditions of the bond tobe executed under Chapter XXXV of BNS, 2023;5/7 https://www.mhc.tn.gov.in/judis CRL OP (MD) No.6026 of 2025(vi) The petitioner shall not commit an offence similar to the offence of he isaccused, 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 hisfrom 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 learnedAdditional District Judge for EC and NDPS Act Cases, Pudukottai, 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].9. Accordingly, this Criminal Original Petition is allowed subject to theconditions stated supra. sd/- 28/04/2025 / TRUE COPY / /04/2025 Sub-Assistant Registrar (CS-I/II/III/IV) Madurai Bench of Madras High Court, Madurai - 625 023. VSG6/7 https://www.mhc.tn.gov.in/judis CRL OP (MD) No.6026 of 2025TO1.THE ADDITIONAL DISTRICT JUDGE FOR EC AND NDPS ACT CASES, PUDUKOTTAI.2.THE OFFICER-IN-CHARGE, DISTRICT PRISON, PUDUKOTTAI.3.THE INSPECTOR OF POLICE, PEW RAMANATHAPURAM POLICE STATION, RAMANATHAPURAM DISTRICT.4.THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. ORDER IN CRL OP(MD) No.6026 of 2025 Date :28/04/2025 PR/30.04 .2025 7P/5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 7/7