High Court · 2025

CRL.M.P.(MD).No.14361 of 2024BEFORE THE MADURAI BENCH OF MADRAS HIGH COURTDATED: 01.04.2025COROMTHE HON'BLE MR.JUSTICE R.SAKTHIVELCRL.M.P.(MD).No.14361 of 2024inCRL.O.P.(MD).No.2821 of 2024The State of Tamil Nadu rep byThe Inspector of Police,NIBCID,Thoothukudi District.(Crime No.14 of 2022)... Petitioner / Respondent / ComplainantVs.P.Chinnaraj... Respondent / Petitioner / Accused No.5PRAYER :- The Criminal Miscellaneous Petition filed under Section 483(b) of theBharatiya Nagarik Suraksha Sanhita (BNSS), 2023 praying to cancel the bail grantedto the respondent by this Court in Crl.O.P.(MD) No.2821 of 2024 on 23.02.2024. For Petitioner : Mr.R.Meenakshi Sundaram, Additional Public ProsecutorFor Respondent:Mr.M.Jegadeespandian,AdvocateORDERThis Criminal Miscellaneous Petition has been filed by the petitioner on20.12.2024 under Section 483(b) of the Bharatiya Nagarik Suraksha Sanhita (BNSS),1/7 https://www.mhc.tn.gov.in/judis CRL.M.P.(MD).No.14361 of 20242023 praying to cancel the bail granted to the respondent by this Court in Crl.O.P.(MD) No.2821 of 2024 on 23.02.2024.2. The case of the prosecution is that on 15.07.2022, at about 08:30 p.m., based onsecret information, the petitioner-police conducted a raid behind Bharath Petroleumnear Pudhur Pandiyapuram Toll Plaza, where the accused persons had parked theirvehicles bearing Registration Nos.TN-84-M-4213 (Eicher) and TN-19-F-5555 (red-coloured Volkswagen). Upon seeing the police party, they attempted to escape.However, the petitioner-police apprehended A1 on the spot and interrogated him.Upon inquiry, it was found that the respondent and the other accused persons werein joint possession of contraband (ganja) weighing 437 kg. Hence the case.3. Mr.R.Meenakshi Sundaram, the learned Additional Public Prosecutorappearing for the petitioner-police, submits that bail was granted to the respondentby this Court in Crl.O.P.(MD) No.2821 of 2024 on 23.02.2024 on the grounds that therespondent was not present at the scene of occurrence, that the respondent had beenin incarceration for a longer period, and that the investigation has been completedand charge sheet has been filed. The relevant portions are extracted hereunder:-“6.Considering the facts and circumstances of the case and alsoconsidering the period of incarceration suffered by the petitioner andco-accused was enlarged on bail by this Court and Charge Sheet is filed2/7 https://www.mhc.tn.gov.in/judis CRL.M.P.(MD).No.14361 of 2024after completing the investigation, this Court is inclined to grant bail tothe petitioner with certain conditions. 7.Accordingly, this Criminal Original Petition is ordered and thepetitioner is ordered to be released on bail on his executing a bond for asum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties,each for a like sum to the satisfaction of the learned Special Court forEC & NDPS Act Cases, Madurai, and on further conditions that: (a)the sureties shall affix their photographs and left thumbimpression in the surety bond and the Magistrate may obtain a copy oftheir Aadhar card or Bank pass Book to ensure their identity; (b) the petitioner is directed to appear before the concerned trialCourt on each and every hearing date without fail; (c)the petitioner shall not tamper with evidence or witness eitherduring investigation or trial; (d)the petitioner shall not abscond either during investigation ortrial; (e)after the seizure procedure is over, the concerned Magistrateand the respondent Police are directed to comply with the guidelinesenumerated under section 52(A) of NDPS Act and as per the guidelines3/7 https://www.mhc.tn.gov.in/judis CRL.M.P.(MD).No.14361 of 2024issued by the Hon'ble Supreme Court of India in the case of Union ofIndia Vs. Mohanlal and Another ((2016) 3 SCC 379). (f) on breach of any of the aforesaid conditions, the learnedMagistrate/ Trial Court is entitled to take appropriate action againstthe petitioner in accordance with law as if the conditions have beenimposed and the petitioner released on bail by the learnedMagistrate/Trial Court himself as laid down by the Hon'ble SupremeCourt in P.K.Shaji Vs. State of Kerala [(2005) AIR SCW 5560]; and; (g)if the accused thereafter absconds, a fresh FIR can be registeredunder Section 229-A IPC”He further submits that although the respondent was not present at the scene ofoccurrence, he is the prime accused who instructed the other accused persons totransport the contraband using his vehicle and was actively involved in drugtrafficking. The first and second bail petitions filed by the respondent were dismissed.Without any change in circumstances and without recording a finding regarding thetwin conditions under Section 37 of the NDPS Act, bail was erroneously granted inthe third bail petition in Crl.O.P. (MD) No. 2821 of 2024 on 23.02.2024. Hence, theorder granting bail to the respondent is liable to be set aside. Accordingly, he praysto allow this petition.4/7 https://www.mhc.tn.gov.in/judis CRL.M.P.(MD).No.14361 of 20244. Per contra, Mr.M.Jegadeespandian, learned counsel appearing for therespondent, submits that the respondent has been falsely implicated in this case andhas been attending trial in C.C.No 41 of 2023 on the file of the Special Court for Trialof Cases under E.C. & NDPS, Madurai, without any default. He further submits thatthe respondent initially filed two bail applications, both of which were dismissed bythis Court. Thereafter, the respondent filed another bail application before this Courtin Crl.O.P. (MD) No.2821 of 2024. After hearing both sides, this Court granted bail tothe respondent with conditions. He further submits that the respondent has beencomplying with all conditions imposed by this Court without any default. It ispertinent to mention that the respondent has no prior criminal antecedents and hasnot been involved in any offence while on bail. However, the police have filed thepresent application for cancellation of bail without any valid basis. This Court hasrepeatedly held that the conduct of an accused person after being enlarged on bailmust be considered while deciding an application for cancellation of bail.Furthermore, a bail cancellation application can be entertained only when there aresupervening circumstances indicating misconduct by the accused while on bail. Theincidents alleged by the petitioner-police occurred before the respondent was grantedbail and, therefore, cannot be considered as grounds for its cancellation. In thesecircumstances, it is just and necessary that the present application be dismissed.5/7 https://www.mhc.tn.gov.in/judis CRL.M.P.(MD).No.14361 of 2024Accordingly, he prays to dismiss the petition.5. This Court has considered the submissions made on either side and perusedall the materials available on record.6. On perusal of the records, it appears that the respondent has not violated anyof the conditions imposed after being released on bail. Although the petitioner hasoption to file an appeal or a review petition, they have chosen to file this bailcancellation petition against the respondent. Furthermore, no trial has commenced,and the proceedings are progressing at a slow pace. The petitioner has not taken anyeffective steps to expedite the trial. Therefore, this Court finds no grounds to interferewith the order passed in Crl.O.P. (MD) No.2821 of 2024 on 23.02.2024. This Courtfinds no infirmity or illegality in the said order. Hence, this petition lacks merit anddeserves to be dismissed.7. With the above observations, this Criminal Miscellaneous Petition isdismissed. sd/- 01/04/2025 / TRUE COPY / 02/04/2025 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.M.P.(MD).No.14361 of 2024PALTO1 THE SPECIAL JUDGE FOR TRIAL OF CASES UNDER EC & NDPS ACT CASES,MADURAI.2 THE INSPECTOR OF POLICE,NIBCID,THOOTHUKUDI DISTRICT.3 THE ADDITIONAL PUBLIC PROSECUTOR,MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. ORDER IN CRL MP(MD) No.14361 of 2024 IN CRL OP(MD) No.2821 of 2024 Date :01/04/2025SA/SAR. /02.04.2025/7P/4CMadurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023. 7/7