Saravanakumar v. The State Of Tamil Nadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 21/02/2025 PRESENT THE HONOURABLE MR. JUSTICE R. SAKTHIVEL Saravanakumar, S/o. Surulipandi, B-6-32, Yathavar Street, Uthamapalayam, Theni District.
... Petitioner/Accused No.3 Vs The State of Tamil Nadu, Rep. by the Inspector of Police, Gudalur North Police Station, Theni District.
In Crime No. 252 of 2024.
... Respondent/Complainant For Petitioner : Ms.S.Prabha, Advocate For Respondent : Mr.R.Meenakshi Sundaram, Additional Public Prosecutor PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- For Bail in Crime No. 252 of 2024 on the file of the respondent police. ORDER : The Court made the following order :- This Criminal Original Petition has been filed by the petitioner on 23.01.2025 under Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) praying to grant bail.
2. The petitioner was arrested and remanded to judicial custody on 18.12.2024 1/4
for the offences punishable under Sections 8(c), 20(b)(ii)(C), 29(1), 27-A and 25 of the Narcotic Drugs and Phychotropic Substances Act, 1985 (hereinafter referred to as "the NDPS Act") in Crime No.252 of 2024 on the file of the respondent-police.
3. The case of the prosecution is that on 18.12.2024, at about 22.40 hours, based on the secret information received by the Sub-Inspector of Police, a police team conducted a vehicle checkup near PSC Theater, Gudalur By-Pass Division. During the checkup, the respondent police noticed an Ertiga car bearing Registration No. TN58-BW-9103 parked near high-mast light and on search, they found that Accused Nos.1 to 4 were in possession of 22.725 kgs of ganja in the car. The respondent-police seized the contraband and the car. The petitioner herein is arrayed as Accused No.3 in this case. Hence, the case.
4. Ms.S.Prabha, learned counsel appearing for the petitioner, submits that the petitioner has nothing to do with the alleged offence and a false case has been foisted against the petitioner. She further submits that the petitioner is only the driver of the alleged vehicle. She however submits that the petitioner is ready to abide by any conditions to be imposed by this Court. She further submits that the petitioner is the sole breadwinner of the family. She further submits that the petitioner is ready to cooperate with the investigating agency and if bail is granted to the petitioner, he will not abscond. Therefore, he prays for granting bail to the petitioner. 2/4
5. Per contra, Mr.R.Meenakshi Sundaram, learned Additional Public Prosecutor appearing for the respondent-Police, submits that the respondent-Police seized 22.725 kgs of ganja from Accused Nos.1 to 4 on the spot, which constitutes a commercial quantity. He further submits that the investigation is still going on. He further submits that in view of Section 37 of the NDPS Act, the petitioner has not made out a prima facie case. Hence, he vehemently opposes to grant bail to the petitioner.
6. Heard on both sides. This Court has perused the records.
7. Considering the facts and circumstances of the case and considering the fact that the contraband has been seized from the petitioner and Accused Nos.1, 2 and 3 on the spot, which is a commercial quantity and in view of the rigours under Section 37 of the NDPS Act, this Court is not inclined to grant bail to the petitioner.
8. Accordingly, this Criminal Original Petition stands dismissed. sd/- 21/02/2025 / TRUE COPY / /03/2025 Sub-Assistant Registrar (C.S. I / II / III / IV) Madurai Bench of Madras High Court, Madurai - 625 023.
TSG TO 1 THE INSPECTOR OF POLICE, GUDALUR NORTH POLICE STATION, THENI DISTRICT.
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2 THE SUPERINTENDENT CENTRAL PRISON, MADURAI.
3 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
ORDER
IN CRL OP(MD) No.1515 of 2025 Date :21/02/2025 SS/SKN/SAR- /10/03/2025/ 4P/4C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4