T.Palani v. The State Of Tamilnadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 11/07/2025 PRESENT THE HONOURABLE MR. JUSTICE P. VADAMALAI T.Palani S/o.Thirumeni

...Petitioner/Accused No.2

Vs.

The State of Tamilnadu rep.by, The Inspector of Police, PEW Police Station, Madurai City.

(Crime No.868 of 2024) ... Respondent/Complainant For Petitioner : Mr.NA.Manimaran Advocate For Respondent : Mr.B.Thanga Aravindh Government Advocate(Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS 1/6

PRAYER :- For Anticipatory Bail in Crime No.868 of 2024 on the file of the Respondent Police. ORDER : The Court made the following order :- The petitioner/Accused No.2, who apprehends arrest at the hands of the respondent police for the offences punishable under sections 8(c)r/w 20(b)(ii)(B) and 29(1) of the NDPS Act, in Crime No.868 of 2024 on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that based on the secret information, on 29.08.2024, the police parties conducted the raid at Sentmerys School back side near Seluvai Vaithier Santhu, Shivan temple, wherein, Accused No.1 was standing along with gunny bags. On search, they found 1.300 kgs of ganja and he was arrested by the respondent police. On confession, the case has been registered against the petitioner.

3. The learned counsel appearing for the petitioner submits that the respondent police did not follow the mandatory provisions of Sections 42, 50, 52A and 57 of the NDPS Act. He would further submit that the petitioner is not at the scene of the occurrence and no other material was seized from the petitioner. He would further submit that at the time of occurrence, the petitioner was in judicial custody and granted bail on 09.09.2024 in Crl.M.P.No.3908 of 2024 by the learned 2/6

Magistrate No.VI, Madurai. Based on the confession given by Accused No.1, the petitioner has been falsely implicated in this case. Hence, he seeks anticipatory bail to the petitioner.

4. The learned Government Advocate (Crl.side) appearing for the respondent police submits that the petitioner is arrayed as Accused No.2 in this case and he supplied the contraband to Accused No.1. He would further submit that Accused No.1 was already arrested and released on bail in Crl.M.P.No.3850 of 2024 on 11.12.2024 by the Principal Special Court for trial of Narcotic Drugs and Psychotropic Substances Act Cases, Madurai and the entire contraband and Rs.3,000/- have been recovered. He would further submit that this is the fourth application for anticipatory bail and the earlier applications for anticipatory bail were dismissed by this Court on 25.09.2024, 27.11.2024 and 09.01.2025 respectively and the petitioner is having three previous cases similar in nature. Hence, he objected to grant anticipatory bail to the petitioner.

5. Considering the facts and circumstances of the case and also considering the fact that the co-accused has already been arrested and released on bail, and the entire contraband have also been recovered and and also considering the fact that as the date of occurrence is 29.08.2024 by this time most of the investigation might have been completed, this court is inclined to grant anticipatory bail to the petitioner, 3/6

with certain conditions.

6. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, within a period of fifteen days from the date on which the order copy made ready, before the learned Special Principal District and Sessions Judge for EC and NDPS Act Cases, Madurai, on condition that the petitioner shall 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 respondent police or the police officer who intends to arrest or to the satisfaction of the learned Special Principal District and Sessions Judge for EC and NDPS Act Cases, Madurai, failing which, the petition for anticipatory bail shall stand dismissed and on further condition that:

(a) the petitioner and the sureties shall affix their photographs and left thumb impression in the surety bond and the Magistrate may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity; (b) the petitioner shall furnish his residential address and contact number to the learned Special Principal District and Sessions Judge for EC and NDPS Act Cases, Madurai. In the event of any change in his residential address, the petitioner shall report the same to the learned Special Principal District and Sessions Judge for EC and NDPS Act Cases, Madurai;

(c) the petitioner shall report before the respondent police daily twice i.e., at 4/6

10.00 a.m. and 5.00 p.m. until further orders; (d) the petitioner shall not tamper with evidence or witness either during investigation or trial;

(e) the petitioner shall not abscond either during investigation or trial; (f) on breach of any of the aforesaid conditions, the learned 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] and; (g) if the accused/petitioner thereafter abscond, a fresh FIR can be registered under Section 269 of BNS, 2023.

sd/- 11/07/2025 / TRUE COPY / /07/2025 Sub-Assistant Registrar (C.S.-I/ II /III/ IV) Madurai Bench of Madras High Court, Madurai - 625 023.

VSD 5/6

TO 1.The Special Principal District and Sessions Judge for EC and NDPS Act Cases, Madurai.

2.The Inspector of Police, PEW Police Station, Madurai City.

(Crime No.868 of 2024) 3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1 CC to M/s.NA.MANIMARAN, Advocate ( SR-7506[I] dated 14/07/2025 )

ORDER

IN CRL OP(MD) No.10016 of 2025 Date :11/07/2025 PS/SAR.28.07.2025 6P/5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 6/6