Thangavel v. The State Of Tamil Nadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 11/07/2025 PRESENT The HONOURABLE MR. JUSTICE P. VADAMALAI Thangavel, S/o.Chinnan ..Petitioner/A1 Vs The State of Tamilnadu rep.by The Inspector of Police, Keelarajakularaman Police Station, Virudhunagar District.
(Crime No.158 of 2025) ..Respondent/Complainant For Petitioner :
Mr.D.Raja Boopathy, Advocate.
For Respondent :
Mr.B.Thanga Aravindh, Government Advocate (Crl.Side) PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- For Bail in Crime No.158 of 2025 on the file of the Respondent Police. ORDER : This Court made the following order :- The petitioner/A1, who was arrested and remanded to judicial custody on 11.06.2025 for the offences punishable under Sections 8(c) and 20(b)(ii) B of Narcotic 1/5
Drugs & Psychotropic Substances Act, 1985 in Crime No.158 of 2025 on the file of the respondent police, seeks bail.
2. The case of the prosecution is that based on the secret information, on 11.06.2025, the defacto complainant, along with other police were went to the Panakulam Village, wherein they found 1.500 kgs of ganja in the petitioner's house and on seeing the respondent police, the petitioner tried to escape from the scene of occurrence. Further, he was arrested by the respondent police. Hence, the case.
3. The learned counsel for the petitioner would submit that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution. He would further submit that the occurrence took place behind the house of the petitioner and no contraband were seized from the petitioner. He would also submit that he has been falsely implicated in this case and the petitioner is ready and willing to abide any conditions that may be imposed by this Court. He would further submit that the petitioner is in custody from 11.06.2025 nearly 28 days. Hence, he seeks bail.
4.The learned Government Advocate (Criminal Side) would submit that while conducting routine checkup, the respondent police found that the petitioner was in illegal possession of 1.500 kgs of ganja. The property was seized by the respondent police. There are three previous cases pending against this petitioner similar in 2/5
nature. However, he objected to grant bail to the petitioner. 5.Taking into consideration of the facts and circumstances of the case and also taking note of the fact that the contraband involved in this case is not a commercial quantity, the property was already seized by the respondent police, the petitioner remanded into judicial custody on 11.06.2025, taking into consideration of the period of incarceration, this Court is inclined to grant bail to the petitioner, subject to the following conditions:
6. Accordingly, the petitioner is ordered to be released on bail on executing 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 Additional District and Sessions Judge/Presiding Officer Special Court under EC and NDPS Act cases, Pudukkottai, Pudukkottai District, and on further conditions that :- [a] 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 Additional District and Sessions Judge/Presiding Officer Special Court under EC and NDPS Act cases, Pudukkottai, Pudukkottai District. If the petitioner changes his residential address, he shall report the same to the learned Additional 3/5
District and Sessions Judge/Presiding Officer Special Court under EC and NDPS Act cases, Pudukkottai, Pudukkottai District; [c] the petitioner shall appear and sign before the respondent police daily at 10.30 a.m. until further orders.
[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.
[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]. [g] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 BNS.
7. Accordingly, this Criminal Original Petition is allowed. 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.
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das TO 1 THE ADDITIONAL DISTRICT AND SESSIONS JUDGE/PRESIDING OFFICER SPECIAL COURT FOR E.C. AND NDPS ACT CASES, PUDUKKOTTAI, PUDUKKOTTAI DISTRICT.
2 THE OFFICER INCHARGE, DISTRICT JAIL, VIRUDHUNAGAR, VIRUDHUNAGAR DISTRICT.
3 THE INSPECTOR OF POLICE, KEELARAJAKULARAMAN POLICE STATION, VIRUDHUNAGAR DISTRICT. 4 THE ADDITIONAL PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
ORDER
IN CRL OP(MD) No.11515 of 2025 Date :11/07/2025 NBF/14.07.2025 5P/5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5