Pasumpon v. State Rep. By Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 25-02-2026

CORAM

THE HONOURABLE MR JUSTICE K. RAJASEKAR CRL OP NO.4589 of 2026 Pasumpon ... Petitioner/ Accused Vs The State rep. by, The Inspector of Police, Velippalayam Police Station, Nagapattinam District.

(Crime No.15 of 2026) ... Respondent PRAYER : Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, to grant bail to the petitioner/accused in Crime No.15 of 2026 on the file of the respondent police. For Petitioner(s) :

Mr. J. Jawahar For Respondent(s) :

Mr. A. Gopinath Government Advocate (Crl. Side) ******* 1/6

ORDER

The petitioner, who was arrested and remanded to judicial custody on 24.01.2026 for the offences punishable under Sections 8(c), 20(b)(ii)(A) of NDPS Act, 1985 in Crime No.15 of 2026, registered on the file of the respondent police, seeks bail.

2.

The case of the prosecution is that on 21.01.2026 at about 08:30 hours, based on a prior information, the respondent team went to the place of occurrence and intercepted the petitioner herein; that after complying all the mandatory provisions under the NDPS Act, search and seizure was effected and found that the petitioner was in illegal possession of 500 grams of Ganja. Hence, this case.

3.

The learned counsel appearing for the petitioner submitted that the petitioner has been falsely implicated in this case and she is in judicial custody since 24.01.2026; that the alleged contraband seized in this case is small quantity; and that the petitioner is ready to abide by any conditions that may be imposed by this Court and sought for bail to the petitioner. 4.

The learned Government Advocate (Crl. Side) appearing for the 2/6

respondent while opposing the bail to the petitioner reiterated the prosecution case and stated that the contraband involved in this case is small quantity; that the petitioner has 44 previous cases under prohibition offence, out of which 40 cases were disposed; and that the investigation of this case is pending.

5.

Considering the submissions made, facts and circumstances of the case, the quantity of contraband involved in this case is a small quantity and the period of incarceration undergone by the petitioner herein, this Court is inclined to grant bail to the petitioner with certain conditions. 6.

Accordingly, the petitioner is ordered to be released on bail on her executing a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) with two sureties each, for a like sum to the satisfaction of the learned Judicial Magistrate No.II, Nagapattinam and on further conditions that:

[a] the sureties shall affix their photographs and Left Thumb Impression in the Application for Surety ship [Judicial Form No.46 annexed to 'The Criminal Rules of Practice, 2019']. The learned Magistrate shall obtain a copy of any one of the identity proofs to ensure their identity; 3/6

[b] the petitioner shall report before the learned Judicial Magistrate No.II, Nagapattinam daily at 10:30 a.m., for a period of three weeks and thereafter, as and when required for interrogation by the respondent police; [c] On breach of any of the aforementioned conditions, the learned Magistrate/Trial Court is entitled to pass appropriate orders against the petitioner in accordance with law as if the aforementioned 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)13 SCC 283];

[d] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S.

25.02.2026 stn Note :

1. Registry is directed to forthwith upload this order in the Official Website of this Court.

2. All concerned to act on this order being uploaded in Official Website of this Court without insisting on certified hard copies. To be noted, this order when uploaded in the official website of this Court will be watermarked and 4/6

will also have a QR code.

To

1. The Judicial Magistrate No.II, Nagapattinam.

2. The Inspector of Police, Velippalayam Police Station, Nagapattinam District.

(Crime No.15 of 2026)

3. The Superintendent, District Jail, Nagapattinam.

4. The Public Prosecutor, High Court of Madras.

K. RAJASEKAR, J.

stn 5/6

Crl.O.P. No.4589 of 2026 25.02.2026 6/6