M.Govindan v. The State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 23.01.2026 PRESENT THE HONOURABLE MRS. JUSTICE S.SRIMATHY M.Govindan ... Petitioner/Accused No.2 Vs State of Tamilnadu Rep by Inspector of Police, Anna Nagar Police Station, Madurai City.

Crime No.455 of 2022. ... Respondent/Complainant For Petitioner : Mr.C.Gangai Amaran, Advocate.

For Respondent : Mr.T.Senthil Kumar, Additional Public Prosecutor PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- 1/6

For Bail in Crime no.455 of 2022 on the file of the Respondent Police.

ORDER : The Court made the following order :- The petitioner, who was arrested and remanded to judicial custody on 12.03.2025 for the offences punishable under Section 8(c) r/w Section 20 (b)(ii)(C) and 25 of NDPS Act in Crime No.455 of 2022 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that the petitioner was in illegal possession of 49 kg of ganja, due to which the petitioner has been arrayed as A2 and arrested. Further, statutory bail was granted to him. However, due to non-appearance on 22.03.2024, the trial court cancelled the bail and remanded the petitioner into judicial custody on 12.03.2025.

3. The learned counsel for the petitioner submitted that the petitioner is an innocent person and he has not committed any 2/6

offences as alleged by the prosecution. He further submitted that statutory bail was already granted to the petitioner and due to illness, the petitioner could not appear before the Trial Court on 22.03.2024. He further submitted that the petitioner is ready and willing to abide by any conditions which may be imposed by this Court and he is in judicial custody from 12.03.2025. Hence, he seeks bail to the petitioner.

4. The learned Additional Public Prosecutor opposed to grant bail to the petitioner.

5. Taking into consideration of the facts and circumstances of the case and also considering the period of incarceration suffered by the petitioner, this Court is inclined to grant bail to the petitioner, subject to the following conditions:

6. Accordingly, the petitioner is ordered to be released on bail on executing a bond for a sum of Rs.10,000/- (Rupees Ten 3/6

Thousand only) with two sureties, each for a like sum to the satisfaction of the learned I Additional Special Judge for NDPS Act Cases, Madurai, and on further conditions that :- [a] the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the Magistrate may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity.

[b] the petitioner shall appear before the learned I Additional Special Judge for NDPS Act Cases, Madurai, daily at 10.00 a.m., until the trial is completed.

[c] the petitioner shall not abscond either during investigation or trial.

[d] the petitioner shall not tamper with evidence or witness either during investigation or trial. [e] On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the petitioner in accordance 4/6

with law as if the conditions have been imposed and the petitioner released on bail by the learned Magistrate/Trial Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005)AIR SCW 5560].

[f] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 BNS.

(S S Y J) 23.01.2026 APD TO

1. The I Additional Special Judge for NDPS Act Cases, Madurai

2. Do-Through The Chief Judicial Magistrate, Madurai District.

3. The Superintendent, Central Prison, Madurai.

4. The Inspector of Police, Anna Nagar Police Station, Madurai City.

5. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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S.SRIMATHY,J APD

ORDER

IN CRL OP(MD) No.715 of 2026 Date : 23.01.2026 6/6