Saravanan v. The State Of Tamil Nadu Rep. By

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 12.08.2025 PRESENT The Hon`ble Mr.Justice P.VADAMALAI 1.Saravanan 2.Chandra Sekar ... Petitioners/ Accused 2&3 Vs State of Tamilnadu rep. through The Inspector of Police, PEW Uthamapalayam, Theni District.

(Crime No.98 of 2025) ... Respondent/ Complainant For Petitioners : Mr.S.M.A.Jinnah, Advocate.

For Respondent : Mr.B.Thanga Aravindh, Government Advocate (Crl. Side) PETITION FOR BAIL Under Section 483 B.N.S.S.

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PRAYER :- For Bail in Crime No.98 of 2025 on the file of the Respondent police. ORDER : The Court made the following order :- The petitioners / Accused Nos.2 and 3, who were arrested and remanded to judicial custody on 13.07.2025 for the offences punishable under Sections 8(c) r/w 20 (b)(ii)(B), 25 and 29(1) of Narcotic Drugs and Psychotropic Substances Act, 1985 and Section 111 BNS, 2023 in Crime No.98 of 2025 on the file of the respondent police, seek bail.

2. The case of the prosecution is that on 12.07.2025, on receipt of secret information, the respondent police went to Kambam - Uthukadu road and had intercepted a two wheeler bearing Registration No.TN-60-S-9355 and found that the first accused and the first petitioner were in illegal possession of 10.185 kgs of Ganja and they have arrested him and on the basis of the confession of the first accused, the second petitioner and the accused 4 and 5 were implicated in this case.

3. The learned counsel appearing for the petitioners would submit that the petitioners are innocent persons and they have not committed any offences as alleged by the prosecution. He would further submit that the petitioners are no way 2/6

connected with the case, a false case has been lodged as against the petitioners. The petitioners are ready and willing to abide any conditions that may be imposed by this Court. He would further submit that the petitioners are in custody from 13.07.2025 and nearly 30 days. Hence, he seeks bail.

4. The learned Government Advocate (Criminal Side) appearing for the respondent would submit that there are totally 5 accused, the petitioners arrayed as A2 and A3 and that the second petitioner had purchased 12 kgs of Ganja at Andhra Pradesh from the fifth accused and the second petitioner handed over 10 kgs of Ganja to the fourth accused, who given the same to the first accused and thereafter, the first accused and the first petitioner had taken the same to Kerala for the purpose of selling and at that time, the respondent police arrested the said persons. He would further submit that the properties were recovered by the respondent police and that the petitioners are not having any previous cases. However, he objected to grant bail to the petitioners.

5. Taking into consideration of the facts and circumstances of the case and considering the facts that the entire properties have already been recovered and that by this time, material part of the investigation might have been completed and also 3/6

the fact that the petitioners are not having any bad antecedents and taking note of the fact that the petitioners remanded into judicial custody on 13.07.2025, taking into consideration of the period of incarceration, 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 bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) each with two sureties, each for a like sum to the satisfaction of the Special EC and NDPS Court, Madurai 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 petitioners shall furnish their residential address and contact number to the Special EC and NDPS Court, Madurai. If the petitioners change their residential address, they shall report the same to the Special EC and NDPS Court, Madurai;

[c] the petitioners shall appear and sign before the respondent police daily at 10.30 a.m., until further orders;

[d] the petitioners shall not abscond either during investigation or trial; 4/6

[e] the petitioners shall not tamper with evidence or witness either during investigation or trial;

[f] On breach of any of the aforesaid conditions, the learned 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]; and [g] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 BNS.

sd/- 12/08/2025 / TRUE COPY / /08/2025 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

CSM TO

1. The Special EC and NDPS Court, Madurai.

2. Do through the Chief Judicial Magistrate, Madurai District.

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3. The Superintendent, Theni Prison.

4. The Inspector of Police, PEW Uthamapalayam, Theni District.

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

ORDER

IN CRL OP(MD) No.13479 of 2025 Date :12/08/2025 NM/12.08.2025/ 6P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 6/6