Vinodhini v. The State Of Tamilnadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 31.07.2025 PRESENT The HONOURABLE MR. JUSTICE P. VADAMALAI

1. Vinodhini (*)2. Anitha Mary ..Petitioners/ Accused No.2 & 3 Vs State of Tamil Nadu Rep by the Inspector of Police, Palakkarai Police Station, Trichy City.

(Crime No.278 of 2025) ... Respondent/Complainant For Petitioners : Mr.C.Karthikeyan 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.278 of 2025 on the file of the respondent police. 1/6

ORDER : The Court made the following order :- The petitioners / Accused Nos.2 & 3, who were arrested and remanded to judicial custody on 17.07.2025 for the offences punishable under Sections 8(c) r/w 20 (b)(ii)(B) of NDPS Act, in Crime No.278 of 2025 on the file of the respondent police, seek bail,

2. The case of the prosecution is that on 17.07.2025 at 05.45 a.m., the Sub Inspector of Police has received secret information and rushed to the occurrence place, where the accused persons found in possession of 1.100 kgs of Ganja and the same was seized by the respondent police. Hence, the complaint.

3. The learned counsel for the petitioners would submit that the petitioners are innocent persons and they have not committed any offence as alleged by the prosecution. He would further submit that based on the confession of A1, they were falsely implicated in this case. He would further submit that the petitioners are ready and willing to abide by any conditions that may be imposed by this Court. He would further submit that the petitioners are in judicial custody from 17.07.2025. Hence, he seek bail.

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4. The learned Government Advocate (Criminal Side) would submit that the entire contraband was recovered from A1 to A3. He would further submit that there is no previous case pending agains the petitioners and the investigation is almost completed. Hence, he objected to grant bail to the petitioners.

5. Taking into consideration of the facts and circumstances of the case and also the fact that the entire contraband was recovered and the seized contraband is not a commercial quantity and also consideration the period of incarceration suffered by the petitioners, this Court is inclined to grant bail to the petitioners, subject to the following conditions:

6. Accordingly, the petitioners are ordered to be released on bail on executing a separate 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 District and Sessions Court/Special Court for EC & NDPS Act Cases, Pudukkottai, 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. 3/6

[b] The petitioners shall furnish their residential address and mobile number to the Additional District and Sessions Court/Special Court for EC & NDPS Act Cases, Pudukkottai.

(c)If the petitioner changes their residential address, they shall report the same to the Additional District and Sessions Court/Special Court for EC & NDPS Act Cases, Pudukkottai.

[d] the petitioners shall report before the respondent police daily at 10.30 a.m., until further orders.

[e] the petitioners shall not abscond either during investigation or trial.

[f] the petitioners shall not tamper with evidence or witness either during investigation or trial.

[g] On breach of any of the aforesaid conditions, the learned 4/6

Magistrate/Trial Court is entitled to take appropriate action against the petitioners in accordance with law as if the conditions have been imposed and the petitioners 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].

[h] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 BNS.

sd/- 31/07/2025 (*) Corrected as per the order of this Court dated 04/08/2025 made in CRL OP(MD) No.12865 of / TRUE COPY / 04/08/2025 Sub-Assistant Registrar Madurai Bench of Madras High Court, Madurai - 625 023.

To be substituted to the order which is already despatched on 31/07/2025. msrm To

1. The Additional District and Sessions Judge, Special Court for EC & NDPS Act Cases, Pudukkottai.

2. The Superintendent, Special Prison for Women, Tiruchirappalli.

3. The Inspector of Police, Palakkarai Police Station, Trichy City.

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

ORDER

IN CRL OP(MD) No.12865 of 2025 Date :31/07/2025 AS/31.07.2025/6P/5C HPS/04.08.2025/6P/5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023. 6/6