P. Kasimayan v. The State Of Tamil Nadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 09.09.2025 PRESENT THE HONOURABLE MRS. JUSTICE S.SRIMATHY CRL OP(MD). No.11625 of 2025 P.Kasimayan ... Petitioner Vs State of Tamil Nadu, Represented by the Inspector of Police, Chekkanurani Police Station, Madurai District.
(Crime No.398 of 2023) ... Respondent For Petitioner : Mr.Na.Manimaran For Respondent : Mr.A.Thiruvadi Kumar Additional Public Prosecutor PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- For Bail in Crime No.398 of 2023 on the file of the Respondent Police. ORDER : The Court made the following order :- The petitioner/Accused No.4, who was arrested and remanded to judicial custody on 28.10.2023 for the offences punishable under Sections 8(c) r/w 1/5
20(b)(ii)(C), 25 and 29(1) of NDPS Act, in Crime No.398 of 2023 on the file of the respondent police, seeks bail.
2. The case of the prosecution is that on 28.10.2023 at about 06.00 PM, based on the secret information, the Sub-Inspector of police along with the police party performed the patrol duty. They intercepted vehicles bearing Reg.No.TN 10 X 0526 Toyota Innova car along with a Royal Enfield bearing Reg.No.TN 02 BK 6239, which were coming from Solavanthan to Thirumangalam. The vehicles were detained by the police authority wherein four persons namely Suresh, Sevanthu, Sugumaran and Kasimayan were caught red-handed with 44 kg of ganja by the respondent police. Thereafter, six persons were arrayed as accused and the petitioner is the Accused No.4.
3. The learned Counsel appearing for the petitioner submitted that the petitioner is seeking bail on medical grounds. 4.The learned Additional Government Pleader appearing for the respondent submitted the petitioner is given adequate care and he also submitted a certificate issued by the Assistant Civil Surgeon, Central Prison, Madurai, which reads as under:
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"The above remand prisoner is an inmate of Central Prison, Madurai from 28.06.2025. He is a known Diabetic and Hypertensive patient for the past 10 years and on regular medications. He underwent Coronary Artery Bypass Grafting in Private Hospital 7 years back on Anti Platelets since then. At present he is on regular medications doing all routing activities inside the prison"
From the aforesaid certificate it is clear that the petitioner is given proper medical care in the prison hospital and there is no medical grounds to enlarge the petitioner.
5.The next contention of the petitioner is in spite of the split-up trial ordered by this Court the respondent has not split up the trial and the petitioner is inside the prison for nearly two years. However, the respondent submitted that as per the order of this Court, the trial was split up vide order dated 09.05.2025 as against Accused No.6 and C.C.No.156 of 2024 was assigned. The mother case involving the other accused is C.C.No.138 of 2024 and the case is posted for trial. Therefore, the contention of the petitioner that the respondent failed to split up the trial also is incorrect. Further, it is seen that five accused are facing the Trial in C.C.No.138 of 2024, wherein 12 witnesses are there. Therefore, if time is granted to complete the trial within a period of 3/5
four months, the same would be suffice and will meet the ends of justice.
6. Therefore, the Trial Court is directed to complete the trial within a period of four months from the date of receipt of a copy of this order.
7. With the above said observations, this Criminal Original Petition is dismissed.
09.09.2025 TMG TO 1.The Inspector of Police, Chekkanurani Police Station, Madurai District.
2.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
3.Principal Special Court for EC and NDPS Act Cases, Madurai.
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S.SRIMATHY, J.
TMG
ORDER
IN CRL OP(MD) No.11625 of 2025 Date : 09.09.2025 5/5