Chevvakula Nagaraju v. The State Of Tamil Nadu,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 24/04/2025 PRESENT THE HONOURABLE MR. JUSTICE R. SAKTHIVEL Chevvakula Nagaraju ... Petitioner/Accused No.12 Vs The State of Tamilnadu, Rep by the Inspector of Police, NIB-CID Police Station, Madurai District.

Crime No.11/2024 ... Respondent/Complainant For Petitioner : Mr.S.Poornachandran, Advocate For Respondent : Mr.R.Meenakshi Sundaram, Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec.483 of BNSS PRAYER :- To enlarge the petitioner on bail in C.C.No.30 of 2025 on the file of the learned Principal Special Court for NDPS Act Cases, Madurai in connection with Crime 1/5

No.11/2024 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 06.03.2025 under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, praying to grant an order of bail.

2. The petitioner / Accused No.12 was arrested and remanded to judicial custody on 25.11.2024. The petitioner is facing trial in C.C.No.30 of 2025 on the file of the learned Principal Special Court for NDPS Act Cases, Madurai in connection with Crime No.11/2024 on the file of the respondent-Police for the offences punishable under Sections 8(c) r/w 20(b)(ii)(C), 25 and 29(1) of NDPS Act, 1985.

3. The case of the prosecution is that on 01.08.2024, at about 10.30 hours, based on secret information, the Sub Inspector of Police along with other Police officials conducted a raid infront of Meenacthi Pavan Hotel near Chinna Udaippu. At that time, the accused persons came in Ashok Leyaland Lorry bearing Registration No.TN-52-B-4416. The respondent-Police thereafter noticed that the accused persons were in illegal possession of 120 kgs of ganja. The respondentPolice arrested the accused persons and seized the contraband and the vehicle from 2/5

them. Based on the confessions of co-accused, the petitioner herein has been arrayed as Accused No.12. Hence, the case.

4. Mr.S.Poornachandran, the learned counsel for the petitioner, submits that the petitioner is an innocent person and that he has not committed any offence as alleged by the prosecution and that he has been falsely implicated in this case. He, however, submits that the petitioner is ready to abide by any conditions to be imposed by this Court. He further submits that the petitioner has been in incarceration since 25.11.2024. He therefore prays for grant of bail to the petitioner.

5. Per contra, Mr.S.Meenakshi Sundaram, learned Additional Public Prosecutor appearing for the respondent-police, submits that the petitioner along with another accused person have illegally transported 120 kgs of ganja. He further submits that the investigation is going on. He further submits that if the petitioner is released on bail, he will abscond and thereby cause delay in the investigation proceedings. Accordingly, he prays to dismiss this Criminal Original Petition.

6. Heard on both sides. This Court has perused the records. 3/5

7. On perusal of records, this Court is of the view that the prosecuting agency has followed the provision under Section 52 of the NDPS Act, 1985. In view of the rigors stated under Section 37 of the NDPS Act, 1985, this Court is not inclined to grant bail to the petitioner. It is made clear that the above view is recorded only for the limited purpose of deciding the bail plea alone. The above view, in any way, would not cause any prejudice to the rights of the prosecution in establishing the case during the trial.

8. Accordingly, this Criminal Original Petition is dismissed. sd/- 24/04/2025 / TRUE COPY / /05/2025 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, NIB-CID, MADURAI DISTRICT.

2 .THE SUPERINTENDENT CENTRAL PRISON, MADURAI.

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3.THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

ORDER

IN CRL OP(MD) No.4425 of 2025 Date :24/04/2025 VN/29.05.2025 5P/4C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5