Poopandi v. State Rep By The Inspector Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 20-11-2025
CORAM
THE HONOURABLE MRS.JUSTICE T.V.THAMILSELVI CRL MP NO. 20923 OF 2025 IN CRL A No. 1716 of 2025
1. POOPANDI S/o.Ramu, No.74, Kulathuapatti, Usilampatti Taluk, Uthappanayacckkanur, Madurai Appellant(s) Vs
1. State rep by the Inspector of Police NIB CID, Coimbatore Respondent(s) CRL MP No. 20923 of 2025 PRAYER To suspend the sentence and gran bail to the petitoiner/Appellant for the Conviction and sentence imposed in CC.No.166 of 2022 dated 16.10.2025 on the file of the Additional District Judge/Special Court under EC Act/NDPS Act, Coimbatore pending disposal of the above said Criminal appeal For Appellant(s):
D.Selvam S. Praveennath R.A.Shinusha B.Abdul Rahman Usman
For Respondent(s):
Mr. V. Meganathan, Government Advocate (Crl. Side)
ORDER
This petition has been filed to suspend the sentence and gran bail to the petitoiner/Appellant for the Conviction and sentence imposed in CC.No.166 of 2022 dated 16.10.2025 on the file of the Additional District Judge/Special Court under EC Act/NDPS Act, Coimbatore pending disposal of the above said Criminal appeal.
2. The petitioner herein was convicted by the Additional District Judge/Special Court under EC Act/NDPS Act, Coimbatore for the offence under Section 8(c) r/w 25 of NDPS Act, 1985 and sentenced him to undergo Rigorous Imprisonment for 14 years and to pay a fine of Rs. 1,00,000/- , in default, to undergo Rigorous Imprisonment for a period of one year and further under Section 8(c ) r/w 29(1) of NDPS, Act, 1985 the petitioner was convicted and sentenced to undergo Rigorous Imprisonment for a period of 14 years and to pay a fine of Rs. 1,00,000/- , in default, to undergo Rigorous Imprisonment for a period of one year. Aggrieved over the same, the petitioner filed the appeal along with criminal miscellaneous petition.
3. The learned counsel for the petitioner submits that 22Kgs of Ganja was recovered from the other accused persons not from the petitioner. Based on the confession of other accused the petitioner has been falsely implicated in this
case. Admittedly, the petitioner is the owner of the lorry except that he has no other role in the crime. Further, the petitioner has no other previous case and there are arguable points available in the Criminal Appeal and the petitioner/accused have got a fair chance of succeeding in the Criminal Appeal and hence, the substantive sentence imposed against the petitioner/accused may be suspended. He would submit that the petitioner is ready to abide the condition imposed by this Court.
4. The learned Government Advocate (Crl. Side) submits that the petitioner is owner of the lorry based on his instructions other accused persons illegally transported the contraband which is commercial quantity. Hence, he raised objection to suspend the sentence.
5. Considering the facts and circumstances of the case, the contraband was not recovered from the petitioner and also there is no bad antecedents against the petitioner, based on the confession of the other accused the petitioner has been implicated in this case. Further this criminal appeal is not likely to be taken for final hearing in the near future, this Court is of the view that the substantive sentence of imprisonment alone can be suspended on certain conditions. 6.
Accordingly, till the disposal of the Criminal Appeal, the substantive sentence of imprisonment imposed by the learned trial Judge is alone suspended and bail are granted on the following conditions:
(a) The petitioner/accused is directed to pay a fine amount imposed by the Trial Court, on such payment, the petitioner is ordered to be released on bail, on their executing a separate 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 Additional District Judge/Special Court under EC Act/NDPS Act, Coimbatore.
(b) The petitioner/accused and the sureties shall affix their photographs and Left Thumb Impressions in the surety bonds and the Magistrate may obtain a copy of their Aadhaar Cards or Bank Pass Books to ensure their identities.
(c) The petitioner shall appear before the Trial Court on every Monday at 10.30 a.m., until the disposal of the Criminal Appeal and if there are not able to appear before the trial Court on any day, they shall make arrangements to file an application under Section 317 Cr.P.C. and shall appear before the trial Court on any other day in lieu of the date of his absence, as directed by the trial Court. 8.
With the above directions, this Criminal Miscellaneous Petition is ordered.
20-11-2025 Pbl To
1. The Additional District Judge/Special Court under EC Act/NDPS Act, Coimbatore.
2. The Inspector of Police, NIB, CID, Coimbatore.
3. The Central Prison, Coimbatore.
3. The Public Prosecutor, High Court, Madras.
T.V.THAMILSELVI J.
pbl CRL MP NO. 20923 OF 2025 IN CRL A No. 1716 of 2025 20-11-2025