R. Sankar v. The State Of Tamilnadu Rep.By

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 24.11.2025 PRESENT THE HONOURABLE MRS. JUSTICE S.SRIMATHY CRL OP(MD). No.13163 of 2025 R.Sankar ... Petitioner/ Accused Vs The State of Tamilnadu, Rep by the Inspector of Police, Town West Police Station, Thanjavur District.

(Crime No.294 of 2023) ... Respondent/Complainant For Petitioner : Mr.NA.Manimaran For Respondent : Mr.E.Antony Sahaya Prabahar Additional Public Prosecutor PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- For Bail in C.C.No.11 of 2025 on the file of the learned II Additional District Judge for EC & NDPS Act, Cases, Thanjavur. 1/6

ORDER : The Court made the following order :- The petitioner, who was arrested and remanded to judicial custody on 23.04.2025 for the offences punishable under Sections 8(c), r/w 20(b) (ii)(c), 29(ii) (A) and 25 of NDPS Act, in C.C.No.11 of 2025 on the file of the learned II Additional District Judge for EC & NDPS Act, Cases, Thanjavur. seeks bail.

2. The case of the prosecution is that the petitioner along with other accused persons were found in illegal possession of 280 kgs of Ganja. Hence, the complaint.

3. The learned counsel for the petitioner submitted that the petitioner is an innocent person and he has not committed any offences as alleged by the prosecution. He further submitted that based on the confession of co-accused, the petitioner was falsely implicated in this case and co-accused /A1, A3, A7 and A8 had already been acquitted by the trial Court. He further submitted that the petitioner is ready and willing to abide by any conditions which may be imposed by this Court and he is in judicial custody from 23.04.2025. Hence, he seeks bail to 2/6

the petitioner.

4. The learned Additional Public Prosecutor submitted that there are two previous cases pending as against the petitioner and the property has been recovered. However, he opposed for grant of bail to the petitioner.

5. Taking into consideration of the facts and circumstances of the case and also the fact that the quantity of the contraband is commercial, Further, the petitioner is arrayed as accused based on confession of coaccused and also because co-accused /A1, A3, A7 and A8 had already been acquitted by the trial Court. Therefore, this Court is of the opinion that the petitioner is entitled to bail for the above reason and also based on period of incarceration suffered by the petitioner, 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) 3/6

with two sureties, each for a like sum to the satisfaction of the learned II Additional Principal Special Court for EC and NDPS Act Cases, Thanjavur, 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 report before the trial Court daily at 10.30 a.m., until further orders.

[c] the petitioner shall not abscond either during investigation or trial.

[d] the petitioner shall not tamper with evidence or witness either during investigation or 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 in P.K.Shaji vs. State 4/6

of Kerala [(2005)AIR SCW 5560].

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

(S S Y J) 24.11.2025 msrm To

1. The learned II Additional Principal Special Court for EC & NDPS Act Cases, Thanjavur.

2. The Superintendent, District Prison, Pudukottai.

3.The Inspector of Police, Town West Police Station, Thanjavur District.

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

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S.SRIMATHY,J.

msrm

ORDER

IN CRL OP(MD) No.13163 of 2025 Date : 24.11.2025 6/6