Fathima Begam v. The State Rep. By The Inspector Of Police,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 12-03-2026
CORAM
THE HON'BLE MR.JUSTICE C.KUMARAPPAN Fathima Begam D/o.Ismail Sheik, Singimari, Dhubri Taluk, Kokrajar District, State of Assam.
..Petitioner(s) Vs The State represented by:
The Inspector of Police, F-2, Egmore Police Station, Chennai District.
[Crime No.577/2024] ..Respondent(s) PRAYER: The Criminal Original Petition has been filed under Section 483 of B.N.S.S. praying to enlarge the petitioner on bail in CC.No.230 of 2025 pending on the file Honble Special Judge II Additional Special Court for Exclusive Trial under NDPS Act, Chennai.
For Petitioner(s):
P.Muthamizhselvakumar For Respondent(s):
Mr. S. Vinoth Kumar, Government Advocate (Criminal Side)
ORDER
The petitioner, who was arrested and remanded to judicial custody on 16.12.2024 for the alleged offences under Sections 8(c), 20(b)(ii)(B), 22(c), 25 and 29(1) of NDPS Act in Cr. No.577 of 2024 on the file of the respondent police, seeks bail.
2. The case of the prosecution is that based on a secret information, the respondent police along with their team conducted raid near Egmore Sangeetha Hotel and found the accused A3 and A4/ the petitioner herein, in a suspicious manner in a Hyundai i20 sports four wheeler bearing Registration No.TN12 BH 6401. From A3, 700 grams of Methamphetamine, Redmi Phone-1, infinix, itel phone-1 were recovered. From A4, 6.600 grams of Ganja, One plus phone-1 were recoveered. Hence the case.
3. The learned counsel for the petitioner would submit that the petitioner is an innocent, she has not committed any offence as alleged by the prosecution and she has been falsely implicated in this case. He would further submit that no commercial quantity of contraband has been recovered from this petitioner. The petitioner is under incarceration since 16.12.2024 and the earlier bail applications filed by the petitioner were dismissed and there are change of circumstances. Charge sheet has also been filed. He further submits that the petitioner is ready and willing to abide by any condition that may be imposed by this Court and hence prayed for grant of bail to the petitioner.
4. The said contention of the learned counsel appearing for the petitioner has been strongly opposed by the learned Government Advocate (Criminal side) appearing for the respondent police stating that total quantity involved in this case is a commercial quantity and charge sheet has also been filed. At this
stage, he would further submit that if the petitioner is a native of Assam and if she is enlarged on bail, there is every possibility of absconding and it would be difficult to proceed with the trial.
5. I have given anxious consideration to the submissions made by the learned counsel on either side.
6. From the submissions made by the learned Government Advocate, it is clear that though only 6.600 kgs of Ganja has been recovered from this petitioner, 700 grams of Methamphetamine has been recovered from A3, which comes under a commercial quantity and the petitioner along with A3, were caught red handed by the respondent police. Therefore, taking into consideration the commercial quantity involved in this case, and as rightly contended by the learned Government Advocate, as the petitioner is a native of Assam, if she is enlarged on bail, there is every possibility of absconding. Hence this Court is of view that it is not desirable to enlarge the petitioner on bail.
7. Accordingly, this Criminal Original Petition is dismissed. 12-03-2026 MJS
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 will also have a QR code.
To
1. The Public Prosecutor, High Court, Madras.
2. The Inspector of Police, F-2, Egmore Police Station, Chennai District.
C.KUMARAPPAN, J.
MJS 12-03-2026