Praveen Kumar v. The State Of Tamilnadu Rep By The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 26.08.2025 PRESENT THE HONOURABLE MR. JUSTICE P. VADAMALAI Praveen Kumar ..Petitioner/ Accused No.6 Vs State of Tamil Nadu Rep by the Inspector of Police, Kalayarkoil Police Station, Sivagangai District.

(Crime No.48 of 2022) ... Respondent/Complainant For Petitioner : Mr.N.Thamizhanban Advocate.

For Respondent : Mr.B.Thanga Aravindh Government Advocate (Crl.Side) PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- For Bail in C.C.No.315 of 2022 on the file of the Additional District and Sessions Judge/Presiding Officer Special Court for EC & NDPS Act Cases, Pudukottai in Crime No.48 of 2022 on the file of the respondent police. ORDER : The Court made the following order :- The petitioner / Accused, who was arrested and remanded to judicial custody on 29.11.2024 for the offences punishable under Sections 8(c), r/w 20(b)(ii)(B) of the Narcotic Drugs and Psychotropic Substances Act 1985 along with 399, 402 of IPC & 1/5

25(1A) Arms Act, 1959, in C.C.No.315 of 2022 on the file of the Additional District and Sessions Judge/Presiding Officer Special Court for EC & NDPS Act Cases, Pudukottai in Crime No.48 of 2022 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that on 27.02.2022, on receipt of secret information, the respondent police went to the occurrence place, at that time, the accused persons were found in possession of 1.100 kgs of Ganja and the co-accused was arrested by the respondent police. Based on the confession of arrested accused, the petitioner was implicated in this case.

3. The learned counsel appearing for the petitioner would submit that the petitioner is an innocent person and he has not committed any offences as alleged by the prosecution. He would further submit that the petitioner is no way connected with the case, a false case has been lodged as against the petitioner. He would further submit that the investigation has been completed and the charge sheet has also been filed. He would further submit that the petitioner is ready and willing to abide any conditions that may be imposed by this Court. He would further submit that the petitioner is in custody from 29.11.2024. Hence, he seeks bail.

4. The learned Government Advocate (Criminal Side) appearing for the respondent would submit that the properties were recovered by the respondent police and the investigation has been completed and the charge sheet has also been 2/5

filed in C.C.No.315 of 2022 on the file of the Additional District and Sessions Judge/Presiding Officer Special Court for EC & NDPS Act Cases, Pudukottai. However, he objected to grant bail to the petitioner.

5. Taking into consideration of the facts and circumstances of the case and also the fact that the properties were recovered and the investigation has been completed and the charge sheet has also been filed . Furthermore, the seized contraband is not commercial quantity and also consideration the 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) with two sureties, each for a like sum to the satisfaction of the Additional District and Sessions Judge/Presiding Officer Special Court for EC & NDPS Act Cases, Pudukottai, 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. 3/5

[b] The petitioner shall furnish his residential address and mobile number to the Additional District and Sessions Judge/Presiding Officer Special Court for EC & NDPS Act Cases, Pudukottai. (c)If the petitioner changes his residential address, he shall report the same to the Additional District and Sessions Judge/Presiding Officer Special Court for EC & NDPS Act Cases, Pudukottai. [d] the petitioner shall report before the Additional District and Sessions Judge/Presiding Officer Special Court for EC & NDPS Act Cases, Pudukottai, daily at 10.30 a.m., until further orders. [e] the petitioner shall not abscond either during investigation or trial.

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

[g] 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 of Kerala [(2005)AIR SCW 5560]. 4/5

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

sd/- 26/08/2025 / TRUE COPY / / /2025 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

msrm TO 1.The Additional District and Sessions Judge/presiding Officer, Special Court for EC and NDPS Act Cases, Pudukottai.

2.The Superintendent, District Jail, Ramanathapuram.

3.The Inspector of Police, Kalayarkoil Police Station, Sivagangai District.

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

ORDER IN CRL OP(MD) No.13499 of 2025 Date :26/08/2025 SBN/28.08.2025 5P/5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5