Sivaneshwaran v. The State Rep By, The Inspector Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 14-08-2025
CORAM
THE HONOURABLE DR JUSTICE G. JAYACHANDRAN Sivaneshwaran S/O Deivam, No.64A/3, Kurangu Main Road, Utthampalayam, Kambam, Theni District.
Petitioner(s) Vs State rep by The Inspector Of Police PEW RK Pet Police Station, Tiruvallur District.
Crime No.109 of 2025.
Respondent(s) PRAYERCriminal Original Petition filed under Section 483 of BNSS, praying to enlarge the petitioner on bail in Crime No.109 of 2025 on the file of the respondent police.
For Petitioner(s):
Mr.P.Muthamizhselvakumar For Respondent(s):
Mr. L. Baskaran, Government Advocate (Crl.side)
ORDER
The petitioner, who was arrested and remanded to judicial custody on 13.07.2025, for the offences punishable under Section 8(c) r/w 20(b)(ii)(B) of NDPS Act, 1985 in Crime No. 109 of 2025, on the file of the respondent police, seeks bail.
2.The case of the prosecution is that based on the secret information, the respondent police went to the scene of occurrence and found that the petitioner along with other accused were alleged to have been in illegal possession of 13 Kg 390 grams of ganja. Hence, the case.
3. The learned counsel for the petitioner submits that the petitioner is an innocent person and he has been falsely implicated in this case. He submits that he has not committed any offence as alleged by the prosecution. He also submits that the petitioner is ready to abide by any conditions that may be imposed by this Court. Hence, he prays for grant of bail to the petitioner.
4. The learned Government Advocate (Criminal Side) appearing for the respondent police reiterated the prosecution case and submits that there are totally four accused and the total contraband of 13 Kg 390 grams of ganja were
seized. He also states that one previous case is pending against this petitioner which is similar in nature. Hence,he opposed for grant of bail to the petitioner.
5. The petition for bail is filed for the offenses under 8(c) r/w 20(b)(ii)(B) of NDPS Act, 1985. According to the prosecution, 13kg 390 grams of ganja was recovered from A1 and A2. Based on their confession, this petitioner was arrested for financing the crime of transporting narcotic drug. The learned counsel for the petitioner submitted that nothing was recovered from this petitioner and purely based on the confessional statement of the co-accused, which has no evidentiary value, this petitioner been arrested and he is in prison for more than 33 days. The learned counsel also submits that a similar case was foisted against this petitioner in which he was granted bail and he is regularly cooperating with the investigation and trial. Therefore, in this case also, he may be released on bail.
6. This Court, on considering the nature of the offences and previous antecedent of the petitioner, it is clear that the petitioner who hails from Theni in financing the illicit transport of a narcotic drug, he was arrested near Thiruthani on the confession given by the co-accused. Since the investigation is
at the initial stage, it is not appropriate to grant bail to this petitioner.
7. Accordingly, this Criminal Original Petition stands dismissed for the present.
14-08-2025 Index:Yes/No Speaking/Non-speaking order Internet:Yes nr To
1. The Inspector Of Police PEW RK Pet Police Station, Tiruvallur District.
2. The Public Prosecutor High Court, Madras.
Dr.G.JAYACHANDRAN J.
nr 14-08-2025