D. Elavarasi v. The State of Tamilnadu

The Court made the following order :-1/6 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.23716 of 2025 The petitioner, who was arrested and remanded to judicial custody on 17.11.2025 for the offences punishable under Sections 8(C) r/w. 20(b)(ii)(B) of NDPS Act in Crime No.407 of 2025 in C.C.No.486 of 2022 on the file of Communal Clash Cases in Southern District, Madurai, seeks bail.

The case of the prosecution is that the petitioner is said to have illegally found in possession of 1.500 kgs of Ganja. Hence, the complaint.

The learned counsel for the petitioner would submit that on execution of NBW the petitioner herein was arrested and she is in judicial custody from 17.11.2025, hence, he may be granted bail.

The learned Government Advocate (Crl. side) submitted that it is a case of jumped out of bail and hence, he opposed for grant of bail to the petitioner.

Taking into consideration of the facts and circumstances of the 2/6 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.23716 of 2025case and also considering the period of incarceration suffered by the petitioner, this Court is inclined to grant bail to the petitioner, subject to the following conditions:

Accordingly, the petitioner is ordered to be released on bail on executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties, each for a like sum to the satisfaction of the learned Special Principal District Judge for E.C and NDPS Act Cases, Madurai and on further conditions that :- [a] the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the Magistrate may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity.[b] the petitioner shall report before the Trial Court on all working days at 10.30 a.m., until further orders and also directed to appear before the trial Court on all hearing dates without fail. [c] the petitioner shall not abscond either during investigation or trial.3/6 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.23716 of 2025[d] the petitioner shall not tamper with evidence or witness either during investigation or trial.[e] On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the petitioner in accordance with law as if the conditions have been imposed and the petitioner released on bail by the learned Magistrate/Trial Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005)AIR SCW 5560].[f] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 BNS. (S S Y J) 19.12.2025TRP TO1. The Special Principal District Judge for E.C and NDPS Act Cases, Madurai2. Do-Through The Chief Judicial Magistrate, Dindugal District.3. The Superintendent, Central Prison For Women, Madurai.4/6 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.23716 of 20254. The Inspector of Police, Kannivadi Police Station, Dindigul District5. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.5/6 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.23716 of 2025 S.SRIMATHY,J TRP ORDER IN CRL OP(MD) No.23716 of 2025 Date : 19/12/20256/6