High Court · 2025

CRL OP (MD) No.7796 of 2025BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction )Date : 28/04/2025PRESENTTHE HONOURABLE MR. JUSTICE R. SAKTHIVELCRL OP (MD) No.7796 of 2025Karpakam @ Karpagam... Petitioner/Accused No.1 Vs.The State of Tamil NaduRep. by the Inspector of Police,PEW Trichy-City,Trichy City,(Crime No.71 of 2025)... Respondent/ComplainantFor Petitioner: Mr.N.Ananda Kumar AdvocateFor Respondent: Mr.R.Meenakshi Sundaram Additional Public Prosecutor PETITION FOR BAIL Under Sec.483 of BNSS, 2023PRAYER :-For Bail in Crime No.71 of 2025 on the file of the Respondent- Police.1/7 https://www.mhc.tn.gov.in/judis CRL OP (MD) No.7796 of 2025ORDER : The Court made the following order :-This Criminal Original Petition has been filed by the petitioner on 24.04.2025under Section 483 of Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, praying togrant bail.2. The petitioner/Accused No.1 was arrested and remanded to judicial custodyon 14.04.2025 for the offences punishable under Sections 8(c) and 20(b)(ii)(B) ofNarcotic Drugs and Psychotropic Substances Act, 1985, in Crime No.71 of 2025, onthe file of the respondent-police. 3. The case of the prosecution is that, on 14.04.2025, at about 09:55 hours, basedon secret information, the defacto complainant, the Sub-Inspector of Police, alongwith a police team, conducted an inspection near Mariamman Kovil Street, RamjiNagar. While the police were approaching the house of the accused persons, theynoticed two females standing near the said house. On seeing the respondent-police,one female person (A2) escaped from the scene of occurrence with a bag. Thepetitioner (A1) had kept a bag in an aluminium bucket and attempted to escape butwas apprehended. On search, it was found that the petitioner (A1) was in possessionof 2.040 kilograms of ganja in the said aluminium bucket. Thereafter, the respondent-police seized the contraband from her. Hence, the case.2/7 https://www.mhc.tn.gov.in/judis CRL OP (MD) No.7796 of 20254. Mr.N.Anandkumar, learned counsel appearing for the petitioner, submitsthat the petitioner has not committed any offence as alleged by the prosecution andthat a false case has been foisted against her. He further submits that the petitionerhas been in judicial custody since 14.04.2025 and is ready to abide by any conditionsthat may be imposed by this Court. He further submits that the petitioner is a womanand therefore, prays for granting bail to the petitioner.5. Per contra, Mr.R.Meenakshi Sundaram, learned Additional Public Prosecutorappearing for the respondent-police, submits that there is no previous case pendingagainst the petitioner. He further submits that the contraband has been recoveredfrom the petitioner and that the investigation of the case is pending. He furthersubmits that at this stage of investigation, if bail is granted to the petitioner, she mayabscond and thereby cause a delay in the investigation proceedings. Hence, hestrongly opposes to grant bail to the petitioner.6. Heard on both sides and perused the case file.7. The petitioner was arrested on 14.04.2025 and has been in judicial custody3/7 https://www.mhc.tn.gov.in/judis CRL OP (MD) No.7796 of 2025since then. In view of the offences allegedly committed by the petitioner and the factsthat the alleged contraband, which is admittedly a small quantity, has been recoveredfrom the petitioner and that the petitioner is a woman, this Court is of the opinionthat further custody of the petitioner is not necessary for the Investigating Agency inthis case. Further, the petitioner has permanent residence and deep roots in thesociety, and hence, there is less possibility of absconding. Considering the same andalso considering the period of incarceration and with a view to give an opportunityto the petitioner to reform herself, this Court is inclined to grant bail to the petitioner,however, subject to certain conditions. Accordingly, bail is granted to the petitionersubject to the 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 Additional District and SessionsJudge / Presiding Officer, Special Court under Essential Commodities and NDPS Actcases, 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 of4/7 https://www.mhc.tn.gov.in/judis CRL OP (MD) No.7796 of 2025Practice, 2019']. The learned Additional District and Sessions Judge / PresidingOfficer, Special Court under Essential Commodities and NDPS Act cases,Pudukkottai, 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 Additional District and Sessions Judge / Presiding Officer, Special Courtunder Essential Commodities and NDPS Act cases, Pudukkottai;(iv) The petitioner shall appear and sign before the respondent-police daily at9.00 am until further orders; (v) The petitioner shall attend in accordance with the conditions of the bond tobe executed under Chapter XXXV of BNS, 2023;(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 her5/7 https://www.mhc.tn.gov.in/judis CRL OP (MD) No.7796 of 2025from 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 learned AdditionalDistrict and Sessions Judge / Presiding Officer, Special Court under EssentialCommodities and NDPS Act cases, Pudukkottai, 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/- 28/04/2025 / TRUE COPY / /04/2025 Sub-Assistant Registrar (C.S. I / II / III / IV) Madurai Bench of Madras High Court, Madurai - 625 023. TRPTO1 THE ADDITIONAL DISTRICT ANDSESSIONS JUDGE/PRESIDING OFFICER, SPECIAL COURT UNDER ESSENTIAL COMMODITIES AND NDPS ACT CASES, PUDUKKOTTAI.6/7 https://www.mhc.tn.gov.in/judis CRL OP (MD) No.7796 of 20252 THE SUPERINTENDENT,SPECIAL PRISON FOR WOMEN AT CENTRAL PRISON, TRICHY.3 THE INSPECTOR OF POLICE,PEW TRICHY-CITY,TRICHY CITY,4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. +1 CC to M/s.N.ANANDA KUMAR, Advocate ( SR-4909[I] dated 28/04/2025 ) ORDER IN CRL OP(MD) No.7796 of 2025 Date :28/04/2025 SS/SAR- /29/04/2025/ 7P/6CMadurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 7/7