Neelakandan v. The State Of Tamilnadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 08.05.2025 PRESENT THE HONOURABLE MR. JUSTICE R. SAKTHIVEL Neelakannan ... Petitioner / Accused No.1 Vs The State of Tamilnadu, Rep.By the Inspector of Police, Vedasandur Police Station, Dindigul District.
(Crime No. 155 of 2025) ... Respondent/Complainant For Petitioner : Mr.B.Azhagesh For Respondents :Mr.A.Thiruvadi Kumar Additional Public Prosecutor PETITION FOR BAIL Under Sec.483 of BNSS, 2023 PRAYER :- For bail in Crime No. 155 of 2025 on the file of the respondent-police. ORDER : The Court made the following order :- 1/6
This Criminal Original Petition has been filed by the petitioner on 06.05.2025 under Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) praying to grant bail.
2. The petitioner / accused No.1 was arrested and remanded to judicial custody on 23.04.2025 for the alleged offences punishable under Sections 8(c), 20(b) (ii)(B) and 29(1) of NDPS Act in Crime No.155 of 2025 on the file of the respondentPolice.
3. The case of the prosecution is that, on 23.04.2025 at about 13:00 hours, upon receiving secret information, the defacto complainant, along with his police personnel, proceeded near Kottaiyur Eveready Spinning Mill Unit-1, Vedasandur to Dindigul Road, Kaikatti, and conducted an inspection. At that time, they found that the petitioner was in illegal possession of 1.950 kilograms of ganja. Upon enquiry, the petitioner confessed that the second accused had purchased the said ganja from Andhra Pradesh for retail sale. Hence, the case.
4. Mr.B.Azhagesh, the learned counsel appearing for the petitioner submits that the petitioner was working as a watchman and he has no contact with A2 and he did not commit any offence as alleged by the prosecution and that a false case has been foisted against the petitioner. He further submits that the petitioner has been in judicial custody since 23.04.2025. He however submits that the petitioner is ready to 2/6
abide by any condition to be imposed by this Court. He therefore prays to grant bail to the petitioner.
5. Mr.A.Thiruvadi Kumar, learned Additional Public Prosecutor appearing for the respondent-police, submits that the petitioner was in illegal possession of 1.950 kgs of ganja. He further submits that the respondent-Police seized the ganja from the petitioner. He further submits that the petitioner has no previous case. However, he submits that if bail is granted to the petitioner, he may commit the similar offence again. Accordingly, he prays to dismiss this Criminal Original Petition.
6. Heard on both sides. This Court has perused the records.
7. The petitioner was arrested on 23.04.2025 and has been in judicial custody. Considering the nature of offences alleged against the petitioner and also considering the quantity of ganja allegedly possessed by the petitioner 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 for Narcotic and Psychotropic Substances Act Cases, Madurai; 3/6
(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 for Narcotic and Psychotropic Substances Act Cases, Madurai shall obtain a copy of any one of identity proofs to ensure their identity;
(iii) The petitioner shall attend in accordance with the conditions of the bond to be executed under Chapter XXXV of BNSS, 2023; (iv) The petitioner shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected; (v) 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 him from disclosing such facts to the Court or to any police officer or tamper with the evidence;
(vi) The petitioner shall furnish his residential address and mobile number to the learned Principal Special Judge for Narcotic and Psychotropic Substances Act Cases, Madurai;
(vii) The petitioner shall appear and sign before the respondent-Police daily at 10.30 a.m., until further orders;
(viii) On breach of any of the aforementioned conditions, the learned Principal 4/6
Special Judge for Narcotic and Psychotropic Substances 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 Hon'ble 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/- 08/05/2025 / TRUE COPY / /05/2025 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.
TRP TO 1 THE PRINCIPAL SPECIAL JUDGE FOR NARCOTIC AND PSYCHOTROPIC SUBSTANCES ACT CASES, MADURAI 2 THE OFFICER INCHARGE DISTRICT SUB JAIL, DINDIGUL.
3 THE INSPECTOR OF POLICE VEDASANDUR POLICE STATION, DINDIGUL DISTRICT.
4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
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+1 CC to M/s.B.AZHAGESH, Advocate ( SR-5402 & 5439 [I] dated 09/05/2025 )
ORDER
IN CRL OP(MD) No.8526 of 2025 Date :08/05/2025 HPS/12.05.2025 /6P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 6/6