Savirla Santosh Kumar @ Santosh Kumar v. The State Of Tamilnadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 02.06.2026 PRESENT THE HONOURABLE MR. JUSTICE P. DHANABAL CRL OP(MD). No. 10931 of 2025 Savirla Santhosh Kumar @ Santhosh Kumar ... Petitioner Vs State of Tamil Nadu rep. by The Inspector of Police, NIB CID, Madurai, Madurai District.

(Crime No.250 of 2017)

...Respondents/Complainant

For Petitioner : Mr.J.Jeyaaron Raja Advocate.

For Respondent : Mr.G.Ganesh Kumar Government Advocate (Crl. side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory Bail in Cr.No. 250 of 2017 on the file of the respondent police.

ORDER : The Court made the following order :- The petitioner, who apprehends arrest at the hands of the respondent for the offences punishable under Sections 8(c) r/w. 20(b)(ii)(C), 29(1) and 25 of 1/6

NDPS Act, in Crime No.250 of 2017, on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that on 13.12.2017 at about 6.15 a.m., on secret information the respondent went the scene of occurrence and found possession of 77.700 kg. of Ganja in the vehicle belongs to the petitioner. Hence, the case was registered. After completion of investigation final report has been filed. The same was taken cognizance in C.C.No.195 of 2018 on the file of the I Additional District Judge for NDPS Act Cases, Madurai. Since the petitioner was absconded, absconding charge sheet was filed.

3. The learned counsel for the petitioner submits that the petitioner is innocent and he was falsely implicated in this case and he is no way connected in the above said incident. He has not committed any offence as alleged by the prosecution. There is no recovery has been made from the petitioner. Only based on the confession statement of the co-accused this petitioner has been implicated in this case. Hence, he prays to grant Anticipatory Bail to the petitioner.

4. The learned Government Advocate (Crl. Side) submits that the 2/6

offences are grave in nature. The accused have purchased the Ganja from Andhra Pradesh and intend to sold the same in Tamil Nadu. The petitioner has given his vehicle to other accused persons to purchase the Ganja. The petitioner has no previous case. He opposed the grant of anticipatory bail to the petitioner. 5.This Court already directed the Deputy Superintendent of Police to appear before this Court. Today, Mr.G.Saravanan, Deputy Superintendent of Police, NIB CID, Madurai, is present before this Court in person. His presence is recorded.

6. Heard both sides and perused the materials available on record.

7. Considering the rival submissions on either side and the nature of offences charged against the petitioner, the alleged occurrence took place in the year 2017, considering that though the quantity involved in this case is commercial quantity, the entire contraband was recovered from the co-accused and no contraband was recovered from this petitioner, this petitioner was arrayed as an accused on the basis of the confession statement of the coaccused, the petitioner is the owner of the vehicle and there is no previous case against the petitioner, already investigation was completed and the case is 3/6

pending in C.C.No.195 of 2018 on the file of the I Additional District Judge for NDPS Act Cases, Madurai for trial and considering all other facts and circumstances of the case, I am inclined to grant anticipatory bail to the petitioner, subject to the following conditions: [a] 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 I Additional District Judge for 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 learned Magistrate concerned and on further condition 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 offences of similar nature.

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

[e] the petitioner shall not tamper with evidence or witness either during investigation or trial.

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[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 B.N.S.

(P D B J) 02.06.2026 TM To 1.The I Additional District Judge for NDPS Act Cases, Madurai. 2.The Inspector of Police, NIB CID, Madurai, Madurai District.

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

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P. DHANABAL, J.

TM

ORDER

IN CRL OP(MD) No. 10931 of 2025 Date : 02.06.2026 6/6