Vaitheeswari v. The State Of Tamilnadu Rep By The Inspector Of Police, Srivilliputhur Town

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 12.06.2026 PRESENT THE HONOURABLE MR. JUSTICE P. DHANABAL CRL OP(MD). No. 10095 of 2026 Vaitheeswari

...Petitioner

Vs State of Tamil Nadu rep. by The Inspector of Police, Srivilliputhur Town Police Station, Virudhunagar District.

(Crime No.252 of 2026)

...Respondent/Complainant

For Petitioner : Mr.R.Jegadeeshwaran Advocate For Respondent : Mr.G.Ganesh Kumar Government Advocate (Crl. Side) PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- For Bail in Cr.No. 252 of 2026 on the file of the respondent police. ORDER : The Court made the following order :- The petitioner / Accused, who was arrested and remanded to judicial custody on 21.05.2026, for the offences punishable under Sections 8(c) r/w. 20(b)(ii)(A) of NDPS Act and Section 77 of the Juvenile Justice (Care and 1/6

Protection of Children) Act, in Crime No.252 of 2026 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that on secret information on 21.05.2026 the respondent police went to the scene of occurrence, where they found the accused persons are in possession of 50 grams of ganja near Srivilliputhur Mangapuram Hindu Nadar School. Hence, the case.

3. The learned counsel appearing for the petitioner would submit that the petitioner is innocent and she was falsely implicated in this case and she has not committed any offence as alleged by the prosecution. This case was registered only for statistical purpose. Hence, he prayed bail for the petitioner.

4. The learned Government Advocate (crl. Side) appearing for the respondent would submit that the offence are grave in nature. The quantity involved in this case is not commercial quantity. The petitioner has three previous case not similar in nature. Investigation is still pending. Hence, he opposed the grant of bail to the petitioner.

5. This Court heard both sides and perused the materials available on 2/6

record.

6. Considering the rival submissions made by the learned counsel on either side, considering the nature of charges levelled against the petitioner, the quantity involved in this case is not commercial quantity, though the petitioner has three previous cases, in that cases she was granted bail and they are not similar in nature, and considering the period of incarceration undergone by the petitioner, 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 Judicial Magistrate No.II, Srivilliputhur, 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 he/she is accused, or suspected, or of the commission of which he/she is suspected;

3/6

[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; [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) 12.06.2026 TM To 1.The Judicial Magistrate No.II, Srivilliputhur. 2.The Inspector of Police, Srivilliputhur Town Police Station, Virudhunagar District. (Crime No.252 of 2026) 3.The Superintendent, District Prison, Virudhunagar. 4/6

4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

5/6

P. DHANABAL, J.

TM

ORDER

IN CRL OP(MD) No. 10095 of 2026 Date : 12.06.2026 6/6