Murugasooriyan v. The State Of Tamilnadu Rep By

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 25/06/2026 PRESENT The HONOURABLE MR. JUSTICE P. DHANABAL Murugasuriyan, S/o. Anbalagan, No.5/2130 Sourastrapuram 2nd Street, Alanvandhan, Madurai District..

... Petitioner/Accused No.1 Vs The State of Tamilnadu Rep By, The Sub Inspector of Police, Anna Nagar Police Station, Madurai City, Madurai.

(Crime No.451 of 2024).

... Respondent/Complainant For Petitioner : Mr.M.G.Martinmanivannan, Advocate.

For Respondent : Mr.G.Ganesh Kumar, Government Advocate (Crl.Side) PETITION FOR BAIL Under Sec.483 of BNSS 1/9

PRAYER :- C-32B. To enlarge him on bail pending in C.C.No. 8 of 2025 pending on the file of the Hon`ble I Additional District Judge, Special Court for NDPS Act Cases, Madurai...

ORDER : The Court made the following order :- The petitioner / A1, who was arrested and remanded to judicial custody on 10.07.2024 for the offences punishable under Sections 8(c) r/w 20(b) (ii) (C), 25 and 29(1) of NDPS Act, 1985, in Crime No.451 of 2024 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that on 10.07.2024, at 19.00 hours, based on the secret information regarding the illegal transportation of Ganja, the respondent Police conducted raid and at that time, they found that the accused persons were in illegal possession of 21 kgs of Ganja. Hence the case.

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3. The learned counsel for the petitioner would submit that the respondent police has registered a false case against the petitioner and he has not committed any offence as alleged by the prosecution. He would further submit that the petitioner has been arrested and remanded to judicial custody on 10.07.2024. He would also submit that the investigation in this case is also completed and final report filed before the concerned Court. The learned counsel appearing for the petitioner relied on the judgment of the Hon'ble Supreme Court in the case of Ankur Chaudhary.vs. State of Madhya Pradesh in Special Leave to Appeal (crl.) No.4648 of 2024. Hence, he prays to grant bail to the petitioner.

4. The learned Government Advocate(Crl.Side) appearing for the respondent would submit that the petitioner along with other accused were found in illegal possession of 21 Kgs of ganja 3/9

which is a commercial quantity. There are materials available as against the petitioner and the petitioner has 22 previous cases. Hence, he opposed to grant bail to the petitioner.

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

6. Considering the rival submissions made by the learned counsel on either side and the fact that though the petitioner has 22 previous cases, out of which, some of the cases were disposed of and no previous cases under the NDPS Act are pending against the petitioner, and in the pending IPC cases, he has been released on bail and also taking into consideration the period of incarceration suffered by the petitioner and also taking into consideration the judgment relied on by the learned counsel appearing for the petitioner in the case of Ankur Chaudhary.vs. 4/9

State of Madhya Pradesh in Special Leave to Appeal (crl.) No.4648 of 2024, Wherein the Hon'ble Supreme Court has observed that it is to observe that failure to conclude the trial within a reasonable time in prolonged incarceration militates Article 21 of the Constitution of India and as such conditional liberty overriding the statutory embargo created under Section 37(1)(b) of the NDPS Act, in such circumstances, be considered. In the case of hand also the case is posted for framing of charges and so far the trial has not been concluded and there is no scope to conclude the trial within the short time, 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 5/9

only) with two sureties each for a like sum to the satisfaction of the learned I Additional District Judge, Special Court for NDPS Act Cases, Madurai, and on further conditions that:

[b] the petitioner shall report before the trial Court on all working days at 10.30 a.m.,and 5.30 pm., until further orders.

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

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

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[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 7/9

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) 25.06.2026 VSG TO 1.The learned I Additional District Judge, Special Court for NDPS Act Cases, Madurai.

2. The Superintendent, Madurai Central Prison, Puzhal.

3.The Sub Inspector of Police, Anna Nagar Police Station, Madurai City, Madurai.

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.11324 of 2026 Date : 25/06/2026 9/9