Santhi v. The State Rep By, The Inspector Of Police,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 16.09.2025
CORAM
THE HONOURABLE MR JUSTICE K.RAJASEKAR Crl.O.P.No.23760 of 2025 Santhi ... Petitioner Vs.
The State rep by The Inspector of Police, PEW Ambattur Unit.
... Respondent (Cr.No.91 of 2025) PRAYER : Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioner on bail in Cr.No.91 of 2025 on the file of the Inspector of Police, PEW Ambattur Unit.
For Petitioner : Mr.B.Ganesha Moorthy For Respondent : Mr.A.Gopinath Government Advocate (Crl. Side)
O R D E R
The petitioner, who was arrested and remanded to judicial custody on 07.06.2025 for the alleged offence under Section 8(c) r/w Section 20(b)(ii)(C) and 29(1) of the Narcotic Drugs & Psychotropic Substances 1/5
Act, 1985 in Crime No.91 of 2025, on the file of the respondent police, seeks bail.
2. The allegations against the petitioner is that the petitioner along with other accused were found in possession of 30 kgs of ganja, which is a commercial quantity. Hence, the case.
3. The learned counsel appearing for the petitioner submitted that the petitioner is an innocent person and she has been falsely implicated in this case. He further submitted that the petitioner has been in judicial custody from 07.06.2025, she is ready to abide by any stringent condition that may be imposed by this Court. Hence, he prayed for grant of bail to the petitioner.
4. The learned Government Advocate (Criminal Side) appearing for the respondent police reiterated the prosecution case and reported that the petitioner/A2 and her husband/A1belong to Odisha State. They have brought the contraband from Odisha to Tamilnadu and sold the same in the local area for their personal gain. He further reported that the petitioner is having two previous cases of similar nature. He also reported that the seized contraband in this case is of commercial quantity and that it attracts Section 37 of NDPS Act and the petitioner has to satisfy the twin conditions as 2/5
imposed under this Section. If the petitioner was released on bail, she will flee away to Odisha and there is possibility of absconding during trial proceedings and again she will commit the similar offence and there is every possibility of tampering the witnesses. Hence, he opposed to grant bail to the petitioner.
5. Heard both sides and perused the materials available on record.
6. Taking into consideration the facts and circumstances of the case and the submissions made by the learned counsel on either side, the gravity of offence committed by the petitioner and also taking note of the fact that the seized contraband is commercial quantity and the petitioner is having two previous cases of similar nature, this Court is not inclined to grant anticipatory bail to the petitioner.
7. Accordingly, the Criminal Original Petition stands dismissed. Vv 16.09.2025 3/5
To
1. The Judicial Magistrate, Ambattur.
2. The Inspector of Police, PEW Ambattur Unit.
3. The Public Prosecutor, High Court of Madras.
4/5
K.RAJASEKAR , J.
Vv Crl.O.P.No.23760 of 2025 16.09.2025 5/5