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Madras High CourtCRL OP(MD)/12801/2025granted

Muthu Kali v. State Of Tamilnadu Rep By Inspector Of Police, Anna Nagar

2025-09-10Honourable Mrs Justice S.Srimathy5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 10.09.2025 PRESENT The HONOURABLE MRS.JUSTICE S.SRIMATHY Muthu Kali ... Petitioner Vs.

State of Tamil Nadu, Represented by the Inspector of Police, Annanagar Police Station, (Crime No.455 of 2022) ... Respondent For Petitioner : Mr.C.Karuppasamypandiyan For Respondent : Mr.A.S.Abul Kalaam Azad Government Advocate (Criminal side) PETITION FOR BAIL Under Sec.483 of BNSS, 2023. PRAYER :- For Bail in Cr.No. 455 of 2022 on the file of the respondent police. ORDER: The Court made the following order :- The petitioner/Accused No.1, who was arrested and remanded to judicial 1/5

custody on 08.12.2024 for the offences punishable under Sections 8(c) r/w 20(b)(ii) (C) and 25 of Narcotic Drugs and Psychotropic Substances Act, 1985, in Crime No.455 of 2022, on the file of the respondent police, seeks bail. 2.The case of the prosecution is that the respondent police seized 49 kgs of ganja from the accused persons. Already the petitioner was granted bail. However, the petitioner did not appear before the Trial Court. Hence, non bailable warrant was issued. Thereafter, she was secured on 08.12.2024. Hence, the petitioner was remanded and is under judicial custody from 08.12.2024. Hence, this case.

3. The learned counsel for the petitioner submits that the petitioner is an innocent person and she has not committed any offence as alleged by the prosecution. However, she has been arrested and she is languishing in jail from 08.12.2024. Therefore, he prays for grant of bail.

4. The learned Additional Public Prosecutor appearing for the respondent police opposed for grant of bail on the ground that the trial is in the verge of completion and if she is released on bail, the trial would be affected. 2/5

5.Considering the facts and circumstances and considering the duration of the custody, this Court is inclined to grant bail to the petitioner on certain conditions.

6. Accordingly, this Criminal Original Petition is allowed and 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 Additional / Principal Special Court for E.C and NDPS Act Cases, Madurai and on further conditions that, a)the sureties shall affix their photographs and left thumb impression in the surety bond and the Magistrate/concerned court may obtain a copy of their Aadhar card or Bank Pass Book to ensure their identity; b)the petitioner shall report before the Magistrate/concerned court daily at 10.30 a.m., until further orders;

c)the petitioner shall not tamper with evidence or witness; d)the petitioner shall not abscond during trial; e)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 3/5

in P.K.Shaji vs. State of Kerala [(2005)AIR SCW 5560]. f) If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of BNS.

g)the petitioner shall give co-operation for the trial. 7.Since the trial is in the verge of completion, the Trial Court shall complete the trial within a period of three months from the date of receipt of a copy of this order. sd/- 10/09/2025 / TRUE COPY / 10/09/2025 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

tmg TO 1 The Additional / Principal Special Court For E.C and Ndps Act Cases, 2 The Officer Incharge, District Jail, 3 The Inspector of Police, Annanagar Police Station, 4/5

4 The Additional Public Prosecutor, Madurai Bench of Madras High Court, +1 CC to M/s.G.KARUPPASAMY PANDIYAN, Advocate ( SR-9886[I] dated 10/09/2025 )

ORDER

IN CRL OP(MD) No.12801 of 2025 Date :10/09/2025 NM/10.09.2025/ 5P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5