High Court · 2025

CRL OP(MD) No.6169 of 2025BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction )Date : 03/04/2025PRESENTTHE HONOURABLE MR. JUSTICE R. SAKTHIVELCRL OP(MD) No.6169 of 2025Petchiyammal ... Petitioner/Accused No.1 VsThe State of Tamil Nadu,Rep. by the Inspector of Police,Krishnan Kovil Police Station,Virudhunagar District.(Crime No. 52 of 2025) ... Respondent/ComplainantFor Petitioner : Mr.D.Ramki, AdvocateFor Respondent : Mr.R.Meenakshi Sundaram, Additional Public ProsecutorPETITION FOR BAIL Under Sec.483 of BNSS, 2023.PRAYER :- For Bail in Crime No.52 of 2025 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 01.04.2025under Section 483 of Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, praying togrant bail.1/6 https://www.mhc.tn.gov.in/judis CRL OP(MD) No.6169 of 20252. The petitioner/Accused No.1 was arrested and remanded to judicial custodyon 24.02.2025 for the offences punishable under Sections 8(c) r/w 20(b)(ii)(A) of theNDPS Act, 1985 and Section 77 of the Juvenile Justice Act (Care and Protection ofChildren) Act, 2015 in Crime No.52 of 2025, on the file of the respondent-police. 3. The case of the prosecution is that on 24.02.2025, at about 01.00 p.m., based onsecret information, the defacto complainant, the Sub-Inspector of Police, along with apolice team, conducted an inspection near Vizhupanoor Panchayat Union ElementarySchool. During the inspection, the police found that the petitioner and anotheraccused person were standing on that place with a bag. On seeing the police party,they attempted to escape from that place. However, the respondent-policeapprehended them. On search of the bag, the respondent-police found that theaccused persons were in illegal possession of 60 grams of ganja. Thereafter, therespondent-police arrested the accused persons and seized the contraband fromthem. Hence, the case.4. Mr.D.Ramki, learned counsel appearing for the petitioner, submits that thepetitioner has not committed any offence as alleged by the prosecution and that afalse case has been foisted against the petitioner. He further submits that thepetitioner has been in judicial custody since 24.02.2025 and is ready to abide by anyconditions that may be imposed by this Court. He further submits that the petitioner2/6 https://www.mhc.tn.gov.in/judis CRL OP(MD) No.6169 of 2025is a 45-year-old widow and the sole breadwinner of her family. Therefore, he praysfor granting bail to the petitioner.5. Per contra, Mr.R.Meenakshi Sundaram, learned Additional Public Prosecutorappearing for the respondent-police, submits that there are 15 previous cases pendingagainst the petitioner, of which 13 cases are similar in nature. He further submits thatthe petitioner and Accused No.2 are relatives and that they had been purchasing thecontraband from Theni and selling to the public and school-going students. Hefurther submits that co-accused/A2 has already been granted bail by this Court videorder dated 26.03.2025 in Crl.O.P(MD) No.5058 of 2025. He further submits that ifbail is granted to the petitioner, she may abscond and thereby cause a delay in theinvestigation proceedings. Hence, he strongly opposes to grant bail to the petitioner.6. Heard on both sides. This Court has perused the case file.7. The petitioner was arrested on 24.02.2025 and has been in judicial custodysince then. The petitioner has permanent residence and deep roots in the society, andhence, there is less possibility of absconding. Considering the same and alsoconsidering the period of incarceration and the facts that the alleged contraband,which is admittedly a small quantity, has been recovered from the petitioner and A2and that the petitioner is a woman, and taking note of the fact that co-accused/A2 hasalready been released on bail by this Court vide order dated 26.03.2025 in Crl.O.P3/6 https://www.mhc.tn.gov.in/judis CRL OP(MD) No.6169 of 2025(MD) No.5058 of 2025, and with a view to give one more opportunity to the petitionerto reform herself, this Court is inclined to grant bail to the petitioner, however,subject to certain conditions. Accordingly, bail is granted to the petitioner subject tothe 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 learned Judicial Magistrate No.II,Virudhunagar at Srivilliputhur;(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 No.II, Virudhunagar at Srivilliputhur,shall obtain a copy of any one of identity proofs to ensure their identity;(iii) The petitioner shall furnish her residential address and mobile number tothe learned Judicial Magistrate No.II, Virudhunagar at Srivilliputhur;(iv) The petitioner shall appear and sign before the learned Judicial MagistrateNo.II, Virudhunagar at Srivilliputhur, on all working days, at 10.30 a.m., and 05.00p.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;4/6 https://www.mhc.tn.gov.in/judis CRL OP(MD) No.6169 of 2025(vi) The petitioner shall not commit an offence similar to the offence of she isaccused, or suspected, of the commission of which she 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 herfrom disclosing such facts to the Court or to any police officer or tamper with theevidence;(viii) The petitioner shall not, directly or indirectly, cause any threat to thedefacto complainant and witnesses; and(ix) On breach of any of the aforementioned conditions, the learned JudicialMagistrate No.II, Virudhunagar at Srivilliputhur, is entitled to pass appropriateorders against the petitioner in accordance with law as if the aforementionedconditions are imposed by him 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 theconditions stated supra. sd/- 03/04/2025 / TRUE COPY / 03 /04/2025 Sub-Assistant Registrar ( ) Madurai Bench of Madras High Court, Madurai - 625 023. 5/6 https://www.mhc.tn.gov.in/judis CRL OP(MD) No.6169 of 2025trpTO1 THE JUDICIAL MAGISTRATE NO.II, VIRUDHUNAGAR AT SRIVILLIPUTHUR.2 DO THE CHIEF JUDICIAL MAGISTRATE, VIRUDHUNAGAR DISTRICT ATSRIVILLIPUTHUR.3 THE OFFICER INCHARGE, SUB JAIL, MADURAI.4 THE INSPECTOR OF POLICE,KRISHNAN KOVIL POLICE STATION,VIRUDHUNAGAR DISTRICT.5 THE ADDITIONAL PUBLIC PROSECUTOR,MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.+1 CC to M/s.D.RAMKI, Advocate ( SR-3882[I] dated 03/04/2025 ) ORDER IN CRL OP(MD) No.6169 of 2025 Date :03/04/2025NBF/ SAR/ (03/04/2025) 6P/7CMadurai Bench of Madras High Court is issuing certified copies in this format from 17/07/20236/6