Murugesan v. The State Rep. By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 14.10.2025

CORAM

THE HONOURABLE MR.JUSTICE K.RAJASEKAR Crl.O.P.Nos.17906 & 18303 of 2025 Crl.O.P.No.17906/2025:

Murugesan ... Petitioner Vs.

The State Rep by, Inspector of Police, Rasipuram Police Station, Namakkal District.

... Respondent (Cr.No.649 of 2023) PRAYER : Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioner on bail in Cr.No.649 of 2023 on the file of the respondent police, pending investigation. For Petitioner :

Mr.C.Deepakkumar For Respondent :

Mr.A.Gopinath Government Advocate (Crl. Side) Crl.O.P.No.18303/2025:

Kandasamy @ Sathish ... Petitioner Vs.

The State Rep by, Inspector of Police, Rasipuram Police Station, Namakkal District.

... Respondent (Cr.No.649 of 2023) 1/4

PRAYER : Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioner on bail in Cr.No.649 of 2023 on the file of the respondent police, pending investigation. For Petitioner :

Mr.C.R.Gokulvisvas For Respondent :

Mr.A.Gopinath Government Advocate (Crl. Side) COMMON ORDER The petitioner in Crl.OP.No.17906/2025, who was arrested and remanded to judicial custody on 12.12.2023 for the alleged offence under Section 8(c), 20(b)(ii)(C), 25, 29(1) of NDPS Act in Crime No.649 of 2023 on the file of the respondent police, seeks bail.

2. The petitioner in Crl.OP.No.18303/2025, who was arrested and remanded to judicial custody on 11.12.2023 for the alleged offence under Section 8(c) r/w 20(b)(ii)(C), 25, 29(1) of NDPS Act in Crime No.649 of 2023 on the file of the respondent police, seeks bail.

3. The case of prosecution is that based on secret information the respondent police along with team went to the place of occurrence and caught hold the accused persons namely A1/Sathish @ Kandasamy, A2/Dinesh, A3/Murugesan & A4/Karthick and were found in possession of 50 kgs of 2/4

ganja was seized along with vehicle under seizure mahazar in the presence of witnesses and arrested A1 to A4 and recorded their confession statement in which, it revealed that A1 to A4 purchased contrabands from one Sugumar/A5 and try to sell the same for their personal gain. Hence the case.

4. The learned counsel for the petitioners submitted that some of the accused who were ranked as A4 and A5 were granted bail and further the petitioners are incarceration from 11.12.2023 & 12.12.2023 resectively and there is no progress in the trial. He further submitted that there is no recovery was effected from these petitioners. Hence, he prays to grant bail to the petitioners.

5. The learned Government Advocate (Crl.Side) appearing for the respondent police reiterated the prosecution case and reported that totally 50kgs of ganja was found to be transported in a car belongs to A1 in which, A1 to A4 were travelled. He further submitted that totally 19 witnesses in this case and almost 18 witnesses were examined and L.W.19 alone is yet to be examined and the trial is almost concluded. Hence, he opposed to grant bail to the petitioners.

K.RAJASEKAR , J.

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6. Considering the fact that the trial is almost concluded and the petitioners are the main accused, who were travelled in a car and while they were travelling the contraband was recovered, this Court is of the view that granting bail at this stage would hamper the trial process and also the petitioners have not satisfied the twin conditions as contemplated under Section 37 of NDPS Act. Hence, this Court is not inclined to grant bail to the petitioners.

7. Accordingly, these Criminal Original Petitions are dismissed. 14.10.2025 ssi To:

1.The Inspector of Police, Rasipuram Police Station, Namakkal District.

2.The Public Prosecutor, High Court of Madras. Crl.O.P.Nos.17906 & 18303 of 2025 4/4