Saruhasan v. State Of Tamilnadu Rep By Inspector Of Police, Paramakudi Town

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 20/01/2026 PRESENT THE HON'BLE MRS. JUSTICE S.SRIMATHY Saruhasan ... Petitioner Vs State of Tamilnadu Rep by, The Inspector of Police, Paramakudi Town Police Station, Ramanathapuram District.

(Cr.No.142/2025).

... Respondent/Complainant For Petitioner : J.Vijayaraja, Advocate.

For Respondent : Mr.E.Antony Sahaya Prabahar, Additional Public Prosecutor PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- C-32 B. To enlarge the petitioner on bail who is in judicial custody in CC No.163/2025 on the file of the Additional District and Sessions Judge/Presiding Officer, Special Court for EC and NDPS Act cases, Pudukkottai and Crime No.142/2025 on the file of the respondent police.

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ORDER : The Court made the following order :- The petitioner, who was arrested and remanded to judicial custody on 24.05.2025 for the offences punishable under Sections 8(c), r/w 20(b)(ii)(B) of Narcotic Drugs and Psychotropic Substances Act, in Crime No.142 of 2025 on the file of the respondent police, which was taken on file in C.C.No.163 of 2025 on the file of the learned Additional District and Sessions Judge/Presiding Officer, Special Court for EC and NDPS Act cases, Pudukkottai seeks bail.

2. The case of the prosecution is that the petitioner was found in illegal possession of 7.1 kg Ganja. Hence, the complaint.

3. The learned counsel appearing for the petitioner would submit that the petitioner is an innocent person and he has not committed any offences as alleged by the prosecution. He would 2/6

further submit that the petitioner is no way connected with the case, a false case has been lodged as against the petitioner. He would further submit that the petitioner is in custody from 24.05.2025. Hence, he seeks bail.

4. The learned Additional Public Prosecutor appearing for the respondent would submit that there are nine previous cases against the petitioner. However, he objected to grant bail to the petitioner.

5. Taking into consideration of the facts and circumstances of the case and also the fact that the properties were recovered and though there are nine previous cases pending against the petitioner and no case is pending under NDPS Act, and the seized contraband is not commercial quantity and also considering the period of incarceration suffered by the petitioner, this 3/6

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 separate bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties, each for a like sum to the satisfaction of the Additional District and Sessions Judge/Presiding Officer, Special Court for E.C. And NDPS Act Cases, Pudukkottai, 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 report before respondent police daily at 10.30 a.m.,until further orders;

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

[d] the petitioner shall not tamper with evidence or witness either during 4/6

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 petitioners in accordance with law as if the conditions have been imposed and the petitioners 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.

20.01.2026 PJL To 1.The Additional District and Sessions Judge/Presiding Officer, Special Court for E.C. And NDPS Act Cases, Pudukkottai.

2. The Superintendent, Central Prison, Madurai.

3. The Inspector of Police, Paramakudi Town Police Station,Ramanathapuram District.

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

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S.SRIMATHY,J PJL

ORDER

IN CRL OP(MD) No.927 of 2026 Date : 20/01/2026 6/6