High Court · 2025

CRL OP (MD) No.21807 of 2024BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction )Date : 21/04/2025PRESENTTHE HONOURABLE MR. JUSTICE R. SAKTHIVELCRL OP (MD) No.21807 of 2024Ambethkumar... Petitioner/Accused No.5 Vs.State of Tamil NaduRep. by The Inspector of Police,NIB CID Madurai Police Station,Madurai District.(Crime No.4 of 2024)... Respondent/ComplainantFor Petitioner: Mr.N.Senthilnathan AdvocateFor Respondent: Mr.R.Meenakshi Sundaram, Additional Public ProsecutorPETITION FOR BAIL Under Sec.483 of BNSSPRAYER :-For Bail in Crime No.4 of 2024 on the file of the respondent-Police.1/7 https://www.mhc.tn.gov.in/judis CRL OP (MD) No.21807 of 2024ORDER : The Court made the following order :-This Criminal Original Petition has been filed by the petitioner on 09.12.2024under Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, prayingto grant bail.2. The petitioner/A5 was arrested and remanded to judicial custody on21.07.2024 for the offences punishable under Sections 8(c), 22(c), 25 and 29(1) ofNarcotics Drugs and Psychotropic Substances, Act, 1985, in Crime No.4 of 2024 onthe file of the respondent-police.3. The case of the prosecution is that, based on secret information, on22.02.2024 at about 16:00 hours, the respondent-police, along with an informer,proceeded to Ayyanar Temple Street, K.K. Nagar, Madurai. There, they found A1transporting a white-coloured gunny bag and a stainless steel trunk on a HondaActiva two-wheeler bearing Registration No.TN-63-AP-3135. Upon conducting asearch, the respondent-police discovered various types of drugs in the form ofpowders, liquids, and tablets, namely, (1) Amphetamine - 250 grams, (2)Pseudoephedrine - 150 grams, (3) White-coloured cake-like substance resemblingglucose - 300 grams, (4) White-coloured crystal sticks - 850 grams, (5) Brown-shadedwhite powder - 4.750 kgs, (6) White powder - 8 kgs, (7) White urea powder - 10.500kgs, (8) Brown powder - 0.900 grams, (9) Pink-coloured tablets - 72 Nos., (10)2/7 https://www.mhc.tn.gov.in/judis CRL OP (MD) No.21807 of 2024Acetone liquid - 5 litres, (11) Sodium hydroxide pellets (97% extra pure, in a plasticcan) - 2.300 grams, and (12) Brown-coloured liquid - 3 litres. Based on theconfession of A1, the petitioner herein has been arrayed as A5. Hence, the case. 4. Mr.N.Senthilnathan, learned counsel appearing for the petitioner, submitsthat the petitioner is an innocent person, that he has not committed any offence asalleged by the prosecution, and that a false case has been foisted against thepetitioner. He further submits that the petitioner has been in judicial custody since21.07.2024 and is ready to abide by any conditions that may be imposed by thisCourt. He therefore prays to grant bail to the petitioner.5. Per contra, Mr.R.Meenakshi Sundaram, learned Additional PublicProsecutor appearing for the respondent-police, submits that five previous cases arepending against the petitioner for offences punishable under the Indian Penal Code,1860. He further submits that the petitioner has been arrayed as A5 and that he isthe driver of A1, who was arrested in possession of the drugs. He further submitsthat the petitioner is a close associate of the other accused persons and had assistedA1 in transporting the drugs in a car bearing Registration No. TN-45-AF-3615, fullyknowing that the other accused persons were involved in drug trafficking. He alsosubmits that, upon verification of the CDR (Call Detail Records), it was found thatthe petitioner was using two SIM cards, and from the second SIM, he contacted A13/7 https://www.mhc.tn.gov.in/judis CRL OP (MD) No.21807 of 2024on 93 occasions. On the date of the occurrence, the petitioner was found to be in thesame tower location. Therefore, he submits that the petitioner has a nexus with theother accused persons in the transportation of the drugs and was one of thebeneficiaries of the said act. He further submits that the investigation is stillpending, and at this stage, if the petitioner is enlarged on bail, there will abscondand thereby cause delay in the investigation. Accordingly, he strongly opposes togrant bail to the petitioner. 6. Heard on both sides and perused the records including the First InformationReport (FIR) and CDR (Call Detail Records).7. The petitioner has been arrayed as A5 based on the confession of A1. Hewas arrested on 21.07.2024 and has been in judicial custody since then. Thepetitioner was working as a driver under A1. It is noted that the petitioner contactedA1 on 93 occasions during the period from 01.03.2023 to 01.05.2024. This Court is ofthe opinion that, since the petitioner was only employed as a driver by A1, thefrequent contact with A1 (his employer) is not unusual. Except for the CDRparticulars, there are no other materials available on record to directly connect thepetitioner with the commission of the present crime. Therefore, the rigours statedunder Section 37 of the NDPS Act would not be applicable to the petitioner (A5). Tobe noted, the above view is recorded only for the purpose of deciding the bail4/7 https://www.mhc.tn.gov.in/judis CRL OP (MD) No.21807 of 2024petition. The above view, in any way, would not cause any prejudice to the rights ofthe prosecution in establishing the case during the trial. Considering the same andalso considering the period of incarceration and taking note of the fact that since thepetitioner has permanent residence, there is less possibility of absconding, this Courtis inclined to grant bail to the petitioner, however, subject to certain conditions.Accordingly, bail is granted to the petitioner subject to the following conditions:(i) The petitioner shall execute a bond for Rs.25,000/- (Rupees Twenty FiveThousand only) along with two sureties each for a like sum of Rs.25,000/- (RupeesTwenty Five Thousand only) to the satisfaction of the learned Judge, PrincipalSpecial Court for cases under EC and Narcotics Drugs and Psychotropic SubstancesAct Cases, 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 Judge, Principal Special Cour for cases under EC andNarcotics Drugs and Psychotropic Substances Act Cases, Madurai shall obtain acopy of any one of identity proofs to ensure their identity;(iii) The petitioner shall furnish his residential address and mobile number tothe learned Judge, Principal Special Court for cases under EC and Narcotics Drugsand Psychotropic Substances Act Cases, Madurai; 5/7 https://www.mhc.tn.gov.in/judis CRL OP (MD) No.21807 of 2024(iv) The petitioner shall appear and sign before the learned Judge, PrincipalSpecial Court for cases under EC and Narcotics Drugs and Psychotropic SubstancesAct Cases, Madurai on all working days at 10.30 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 whichhe is accused, 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 himfrom 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, learned Judge,Principal Special Court for cases under EC and Narcotics Drugs and PsychotropicSubstances Act Cases, Madurai is entitled to pass appropriate orders against thepetitioner in accordance with law as if the aforementioned conditions are imposedby him as laid down by the Hon'ble Supreme Court in P.K. Shaji vs. State of Kerala[(2005) 13 SCC 283].6/7 https://www.mhc.tn.gov.in/judis CRL OP (MD) No.21807 of 20248. Accordingly, this Criminal Original Petition is allowed subject to the conditionsstated supra. sd/- 21/04/2025 / TRUE COPY / 22/04/2025 Sub-Assistant Registrar Madurai Bench of Madras High Court, Madurai - 625 023. TRPTO1.THE JUDGE, PRINCIPAL SPECIAL COURT FOR CASES UNDER EC ANDNARCOTCS DRUGS AND PHYCHOTROPIC SUBSTANCES ACT CASES,MADURAI.2. THE SUPERINTENDENT,CENTRAL PRISON, MADURAI.3 THE INSPECTOR OF POLICE,NIB CID MADURAI POLICE STATION,MADURAI DISTRICT.4. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. +1. CC to SENTHILNATHAN N Advocate SR.No.4464 DT.21/04/2025 ORDER IN CRL OP(MD) No.21807 of 2024 Date :21/04/2025 PR/22.04.2025 7P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 7/7