High Court · 2025

CRL.OP(MD). No.6030 of 2025BEFORE THE MADURAI BENCH OF MADRAS HIGH COURTDATED: 22.04.2025PRESENTTHE HON'BLE MR.JUSTICE R.SAKTHIVELCRL.OP(MD). No.6030 of 2025S.Senthil... Petitioner / Accused No.2Vs.The State of Tamil Nadu rep byThe Inspector of Police,NIB CID,Sivagangai District.(Crime No.1 of 2023)... 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 C.C.No.258 of 2023 on the file of the II Additional District Judge forE.C. And NDPS Act cases, Pudukkottai in connection with the Crime No.1 of 2023on the file of the respondent-police.For Petitioner :Mr.NA.Mani Maran,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 28.03.2025under Section 482 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, praying1/7 https://www.mhc.tn.gov.in/judis CRL.OP(MD). No.6030 of 2025to grant an order of pre-arrest bail.2. The petitioner apprehends arrest at the hands of the respondent police forthe offences punishable under Sections 8(c) read with 20(B)(ii)(c), 25 and 29 of theNarcotic Drugs and Psychotropic Substances Act, 1985, and Sections 468, 471 and420 of Indian Penal Code, 1860 @ Sections 8(c) read with 20(b)(ii)(c), 25 and 29(1) ofthe Narcotic Drugs and Psychotropic Substances Act, 1985, and Sections 420, 468,471 and 120(B) of Indian Penal Code, 1860 in Crime No.1 of 2023 on the file of therespondent-police.3. The case of the prosecution is that based on secret information, therespondent-police, on 08.01.2023 at about 09:30 p.m., conducted a vehicle checkfrom Avanam Kaikati to Perayurani near Anna Nagar. During the check, a whiteEtios car bearing Registration No.TN-01-AY-3129 was intercepted. The respondent-police introduced themselves and enquired with the petitioner and anotherindividual. Their responses were found to be contradictory. Upon searching thevehicle, the respondent-police seized 10 bags of contraband, identified as ganja,with a total weight of 196 kilograms. In the presence of a police official, sampleswere taken and statements were recorded. Hence, the case.4. Mr.NA.Mani Maran, the learned counsel for the petitioner, submits that thepetitioner is an innocent person and that he has not committed any offence as2/7 https://www.mhc.tn.gov.in/judis CRL.OP(MD). No.6030 of 2025alleged by the prosecution and that a false has been foisted against this petitioner.He further submits that the petitioner has been implicated as an accused only basedon the confession of A1. He further submits that the mother case in C.C. No.178 of2023 on the file of the Additional District and Sessions Judge, Special Court for E.C.and NDPS Act Cases, Pudukkottai, ended in acquittal. Now, the petitioner is facingtrial in C.C. No. 258 of 2023, which is split-up case, pending before the II AdditionalDistrict and Sessions Judge, Special Court for E.C. and NDPS Act Cases,Pudukkottai, wherein he has been shown as an absconding accused in the chargesheet, and a Non-Bailable Warrant (NBW) is pending against him before the TrialCourt. He further submits that if the petitioner surrenders before the Trial Court, hereasonably apprehends that he may be remanded / detained in prison. Hence, heseeks an order of pre-arrest bail. He however submits that the petitioner is ready toabide any conditions to be imposed by this Court. He therefore prays for grant ofpre-arrest bail to the petitioner.5. Per contra, Mr.R.Meenakshi Sundaram, the learned Additional PublicProsecutor appearing for the respondent-police, submits that there are totally sixaccused persons in this case and petitioner has been facing trial in C.C. No. 258 of2023 before the II Additional District and Sessions Judge, Special Court for E.C. andNDPS Act Cases, Pudukkottai, wherein he has been shown as an absconding3/7 https://www.mhc.tn.gov.in/judis CRL.OP(MD). No.6030 of 2025accused in the charge sheet, and a Non-Bailable Warrant (NBW) is also pendingagainst him. He further submits that the contraband seized in this case iscommercial quantity. He further contends that if the petitioner is released on pre-arrest bail, he may abscond, thereby causing a delay in the trial. He, therefore, praysto dismiss this Criminal Original Petition.6. Heard on both sides. This Court has perused the records. 7. It is stated the mother case in C.C.No.178 of 023 ended acquittal. Thepetitioner had been arrayed as accused based on the confession of the co-accused.No contraband was seized from the premises of the petitioner. It is stated by thepetitioner that the petitioner did not know about the registration of the case. Takinginto account of the facts and circumstances of the case and the nature of the offenceallegedly committed by the petitioner, and considering the reasons stated for hisnon-appearance before the Trial Court, this Court is of the view that the petitioner’sapprehension of arrest is reasonable. Since no contraband was seized / recoveredfrom the petitioner, this Court is of the view that rigors of Section 37 of the NDPSAct would not be applicable to the petitioner. To be noted, the aforesaid view isrecorded only for the limited purpose of deciding the bail application alone. It willnot cause any prejudice to the prosecution to establish its case during trial.Considering the same and also considering the facts and circumstances of the case,4/7 https://www.mhc.tn.gov.in/judis CRL.OP(MD). No.6030 of 2025and with a view to give one more opportunity to the petitioner to reform himself,this Court is inclined to grant pre-arrest bail to the petitioner. Accordingly, pre-arrest bail is granted to the petitioner subject to the following conditions: (i) The petitioner shall be released on pre-arrest bail in the event of her arrestor in the event of her surrender before the learned II Additional District andSessions Judge, Special Court for E.C. and NDPS Act Cases, Pudukkottai, within aperiod of 15 days from the date on which the order copy is made ready, onexecuting a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only)along with two sureties each for a like sum of Rs.25,000/- (Rupees Twenty FiveThousand only) to the satisfaction of the learned II Additional District and SessionsJudge, Special Court for E.C. and NDPS Act Cases, Pudukkottai.(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. (iii) The petitioner shall appear and sign before the II Additional District andSessions Judge, Special Court for E.C. and NDPS Act Cases, Pudukkottai on allworking days at 10.30 a.m. until further orders. (iv) The petitioner shall make herself available for interrogation by a police5/7 https://www.mhc.tn.gov.in/judis CRL.OP(MD). No.6030 of 2025officer 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 furnish her residential address and mobile number tothe concerned Magistrate.(viii) 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. Stateof Kerala [(2005) 13 SCC 283]. 8. Accordingly, this Criminal Original Petition is allowed subject to theconditions stated supra. sd/- 22/04/2025 / TRUE COPY / /05/2025 Sub-Assistant Registrar (C.S.-I/ II /III/ IV) Madurai Bench of Madras High Court, Madurai - 625 023. 6/7 https://www.mhc.tn.gov.in/judis CRL.OP(MD). No.6030 of 2025palTO1 THE II ADDITIONAL DISTRICT ANDSESSIONS JUDGE, SPECIAL COURT FOR E.C. AND NDPS ACT CASES,PUDUKKOTTAI.2 THE INSPECTOR OF POLICE, NIB CID, SIVAGANGAI DISTRICT.3 THE ADDITIONAL PUBLIC PROSECUTOR MADURAI BENCH OF MADRASHIGH COURT, MADURAI. ORDER IN CRL OP(MD) No.6030 of 2025 Date :22/04/2025 NBF/28.05.2025 7P/4C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 7/7