Tamil Selvi v. The State Of Tamilnadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 28/04/2025 PRESENT THE HONOURABLE MR.JUSTICE R.SAKTHIVEL Tamil Selvi ... Petitioner/A9 Vs.
The State of Tamil Nadu Rep. by the Inspector of Police, Arumuganeri Police Station, Thoothukudi District.
(Crime No.119 of 2024) ... Respondent/Complainant For Petitioner : Mr.J.Joseph Zinoson, Advocate.
For Respondent : Mr.R.Meenakshi Sundaram, Additional Public Prosecutor PETITION FOR BAIL Under Sec.483 of BNSS, 2023 PRAYER :- To enlarge the petitioner on bail in the case in C.C.No.352 of 2024 on the file of the learned Judge, I Additional Special Court for NDPS Act cases, Madurai in connection with Crime No.119 of 2024 on the file of the respondent-police. ORDER : The Court made the following order :- 1/7
This Criminal Original Petition has been filed by the petitioner on 16.04.2025 under Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, praying to grant bail.
2. The petitioner/A9 was arrested and remanded to judicial custody on 29.12.2024 for the offences punishable under Sections 8(c),20(b)(ii)(C), 25 and 29(1) of the Narcotic Drugs and Psychotropic Substances Act, 1985, in Crime No.119 of 2024 on the file of the respondent-police. After completion of investigation, the respondent-police filed the final report and the same was taken on file by the learned Judge, I Additional Special Court for NDPS Act cases, Madurai in C.C.No.352 of 2024.
3. The case of the prosecution is that on 31.03.2024, at about 11:20 a.m., during a routine vehicle check-up conducted for the 2024 parliamentary elections on Thoothukudi-Tiruchendur Road, the respondent-police, along with the election officer, found that the petitioner and other accused persons were in illegal possession of 20.6 kg of ganja in their car, bearing Reg.No.TN-23-BC-7603. Hence, the case.
4. Mr.J.Joseph Zinoson, learned counsel appearing for the petitioner, submits that the petitioner did not commit any offence as alleged by the prosecution and that she has been falsely implicated in this case. He however submits that the petitioner is ready to abide by any condition that may be imposed by this Court. He further submits that the petitioner has been in judicial custody since 29.12.2024. He further 2/7
submits that A1 and A2 have already been arrested and released on bail by this Court in Crl.O.P.(MD)Nos.610 & 5529 of 2025, dated 13.03.2025 and 09.04.2025. He therefore prays to grant bail to the petitioner.
5. Per contra, R.Meenakshi Sundaram, learned Additional Public Prosecutor appearing for the respondent-police, submits that the petitioner and the other accused persons were found in illegal possession of 20 kg 600 g of ganja. He further submits that if the petitioner is enlarged on bail, she will abscond, thereby delaying the trial proceedings. Therefore, he prays to dismiss this Criminal Original Petition.
6. Heard on both sides and perused the records including the First Information Report.
7. The petitioner was arrested on 29.12.2024 and has been in judicial custody since then. As directed by this Court, the Investigation Officer is present before this Court. As per the First Information Report, the respondent-police seized two bags weighing 20 kgs 600 gms. Admittedly, two bags were not separately weighed. Hence, Rule 3 of the NDPS (Seizure, Storage, Sampling and Disposal) Rules, 2022 has been violated. In view of the above, this Court is of the view that the contraband allegedly seized from the petitioner would be below the commercial quantity, i.e., intermediate quantity. The petitioner has established prima facie case. To be noted, the above view is recorded only for the limited purpose of deciding the bail petition. 3/7
The above view, in any way, would not cause any prejudice to the rights of the prosecution in establishing its case during the trial. The charge sheet has been filed. The petitioner has no previous case. Considering the above, and also considering the period of incarceration, this Court is inclined to grant bail to the petitioner, however, subject to certain conditions. Accordingly, bail is granted to the petitioner subject to the following conditions:
(i) The petitioner shall execute a bond for Rs.25,000/- (Rupees Twenty Five Thousand only) along with two sureties each for a like sum of Rs.25,000/- (Rupees Twenty Five Thousand only) to the satisfaction of the learned Principal Special Judge, Special Court for EC and NDPS Act cases, Madurai; (ii) The sureties shall affix their photographs and left thumb impression in the Application for Suretyship [Judicial Form No.46 annexed to 'The Criminal Rules of Practice, 2019']. The learned Principal Special Judge, Special Court for EC and NDPS Act cases, Madurai shall obtain a copy of any one of identity proofs to ensure their identity;
(iii) The petitioner shall furnish her residential address and mobile number to the learned Principal Special Judge, Special Court for EC and NDPS Act cases, Madurai;
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(iv) The petitioner shall appear and sign before the learned Principal Special Judge, Special Court for EC and NDPS Act cases, Madurai, on all working days at 10.30 a.m., until further orders;
(v) The petitioner shall attend in accordance with the conditions of the bond to be executed under Chapter XXXV of BNS, 2023;
(vi) The petitioner shall not commit an offence similar to the offence of which she is accused, or suspected, of the commission of which she is suspected; (vii) 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; and (viii) On breach of any of the aforementioned conditions, the learned Principal Special Judge, Special Court for EC and NDPS Act cases, Madurai is entitled to pass appropriate orders against the petitioner in accordance with law as if the aforementioned conditions are imposed by him as laid down by the Honourable 5/7
Supreme Court in P.K. Shaji vs. State of Kerala [(2005) 13 SCC 283].
8. Accordingly, this Criminal Original Petition is allowed subject to the conditions stated supra.
sd/- 28/04/2025 / TRUE COPY / /04/2025 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.
vsg To 1.The Principal Special Judge, Special Court for EC and NDPS Act cases, Madurai.
2.The Superintendent, Central Prison (Women's Prison), Madurai.
3.The Inspector of Police, Arumuganeri Police Station, Thoothukudi District.
4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
+1. CC to JOSEPH ZINOSON. J Advocate SR.No.4977(I) DT.29.04.2025 6/7
ORDER IN CRL OP(MD) No.7141 of 2025 Date :28/04/2025 PP/SAR. /30.04.2025/7P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023.
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