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Madras High CourtCRL OP(MD)/12378/2025disposed of

Suryaprakash v. The State Of Tamilnadu Rep. By

2026-03-25Honourable Mr. Justice P.Dhanabal6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 25.03.2026 PRESENT THE HONOURABLE MR. JUSTICE P. DHANABAL S.Suryaprakash ..Petitioners/Accused No.1 Vs State of Tamil Nadu rep. by The Inspector of Police, Thadikombu Police Station, Dindigul District.

(Crime No.281 of 2019)

...Respondent/Complainant

For Petitioners :Mr.NA.Manimaran Advocate.

For Respondent :Mr.B.Nambi Selvan Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- to enlarge the petitioner on bail in the event of his arrest by the respondent Police for the petitioner/accused No.1 in C.C.No.260 of 2024 in Crime No.281 of 2019 in I Additional District Judge for NDPS Act Cases, Madurai, on the file of the respondent Police.

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ORDER : The Court made the following order :- The petitioner/Accused No.1, who apprehends arrest at the hands of the respondent for the offences punishable under Sections 8(c) r/w 20(b) (ii)(C) and 29(1) of NDPS Act, 1985, in Crime No. 281 of 2019 on the file of the respondent police, seeks anticipatory bail.

2.The case of the prosecution is that on 10.07.2019 at about 06.30 hours, during vehicle check up near Dindigul to Trichy Bypass Road, Anjali Roundana, at Chettinayakkanpatti Pirivu, the petitioner and other accused were found in illegal possession of 24 kgs of Ganja in their car bearing Registration No.TN 57 BH 1198. Hence, the case.

3.The learned counsel appearing for the petitioner submitted that the petitioner has been arrayed as A1 in Crime No.281 of 2019 on the file 2/6

of the respondent Police. Thereafter, the respondent police filed a charge sheet and the same was taken on file in C.C.No.1 of 2020 and thereafter, the trial Court issued Non Bailable warrant against the petitioner for his non appearance and the case was split up in C.C.No. 260 of 2024. He further submitted that due to medical issue, he was unable to appear before the trial Court. Hence, he seeks to grant anticipatory bail to the petitioner.

4.The learned Additional Public Prosecutor appearing for the respondent Police submitted that the petitioner and two other accused persons were involved in the transportation of 24 kgs of Ganja, which is a commercial quantity and thereafter, the case has been charge sheeted in C.C.No.1 of 2020. Due to non appearance of the petitioner, the case against the petitioner was split up in C.C.No.260 of 2024 and the NBW was 3/6

issued against him. Therefore, the petitioner has to approach the trial Court. Hence, he prays to dismiss this petition.

5.This Court considered the rival submissions made on either sides and perused the materials available on record.

6.It is admitted fact that earlier the mother case in C.C.No.1 of 2020 was disposed of by acquitting the accused. Due to non appearance of the petitioner, the case as against him was split up in C.C.No.260 of 2024 and NBW was also issued and the same is pending before the trial Court. Hence, it is appropriate to direct the petitioner to appear before the trial Court and file an application for cancellation of NBW pending against the petitioner.

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7.Hence, the petitioner is directed to file an appropriate application before the trial Court for cancellation of NBW. Upon such application being filed, the trial Court is directed to consider the same on its own merits and in accordance with law on the same day.

8.With the above directions, this Criminal Original petition stands disposed of.

(P D B J) 25.03.2026 vsg To 1.The I Additional District Judge for NDPS Act Cases, Madurai.

2.The Inspector of Police, Thadikombu Police Station, Dindigul District.

3.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. 12378 of 2025 Date : 25.03.2026 6/6