Devaki @ Devi v. State Of Tamilnadu Rep By Inspector Of Police, Ramjinagar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 15.04.2026 PRESENT THE HONOURABLE MR. JUSTICE P. DHANABAL 1.Devaki @ Devi 2.Nisha ...Petitioners/Accused Nos.1 & 2 Vs State of Tamil Nadu rep. by The Inspector of Police, Ramji Nagar Police Station, Trichy, (Crime No.0116 of 2026)

...Respondent/Complainant

For Petitioners:Mr.N.Ananda Kumar For Respondent:Mr.B.Nambi Selvan Additional Public Prosecutor PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- For Bail in Cr.No. 0116 of 2026 on the file of the respondent police.

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ORDER : The Court made the following order :- The petitioners / A1 and A2, who were arrested and remanded to judicial custody on 13.03.2026 for the offences punishable under Sections 8(c) r/w 20(b)(ii)(B) of NDPS Act, 1985, in Crime No.0116 of 2026 on the file of the respondent police, seeks bail.

2.The case of the prosecution is that on 13.03.2026, based on the secret information, the respondent Police conducted spot inspection and the respondent Police found that the petitioners and other accused persons were in illegal possession of 1.200 kgs of Ganja. Hence the case.

3. The learned counsel appearing for the petitioners would submit that the respondent Police registered a case against the petitioners. He would further submit that the petitioners are 2/8

innocent persons and they have been falsely implicated in this case. Even as per the prosecution, the respondent police has not specifically mentioned from whom, contraband was recovered and hence, the petitioners have not in conscious possession of contraband. Hence, he prayed to grant bail for the petitioners.

4. The learned Additional Public Prosecutor appearing for the respondent would submit that the investigation is still pending and the petitioners have two previous cases and all the accused have been in conscious possession of the contraband and hence, he strongly opposed to grant bail to the petitioners.

5. This Court heard both sides and perused the materials available on record.

6. Considering the rival submissions made by 3/8

the learned counsel on either side, nature of offence and quantity of the contraband involved in this case is not a commercial quantity and even as per the prosecution, the respondent police has not specifically mentioned from whom, contraband was recovered and though the petitioner has two previous cases, the same are not similar kind of offence, in all cases, they were released on bail and also considering the period of incarceration undergone by the petitioner from 13.03.2026, this Court is inclined to grant bail to the petitioner subject to the following conditions:

[a] Accordingly, the petitioner is ordered to be released on bail on condition to execute a 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 learned Additional 4/8

District and Sessions Judge/Presiding Officer, Special Court under essential Commodities and NDPS Act, Pudukkottai, and on further conditions that:

[b] the petitioner shall report before the respondent Police daily at 10.30 a.m., until further orders.

[c] the petitioner shall not commit any offence similar to the offence of which she is accused, or suspected, or of the commission of which she is suspected;

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

[e] the petitioner shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade her from disclosing such facts to the Court or to any police officer or tamper with the evidence;

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[f] On breach of any of the aforesaid conditions, the learned Judicial Magistrate/Trial Court is entitled to take appropriate action against the petitioner in accordance 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].

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

(P D B J) 15.04.2026 vsg 6/8

To 1.The learned Additional District and Sessions Judge/Presiding Officer, Special Court under essential Commodities and NDPS Act, Pudukkottai. 2.The Inspector of Police, Ramji Nagar Police Station, Trichy, 3.The Superintendent, Central Prison, Trichy. 4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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P. DHANABAL, J., vsg

ORDER

IN CRL OP(MD) No. 6571 of 2026 Date : 15.04.2026 8/8