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Madras High CourtCRL OP(MD)/13564/2025allowed

Prem Kumar v. The State Of Tamil Nadu

2025-08-14Honourable Mr Justice P.Vadamalai5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 14/08/2025 PRESENT THE HONOURABLE MR.JUSTICE P.VADAMALAI Premkumar, S/o.Mylerum Perumal.

: Petitioner/A3 Vs The State of Tamilnadu rep.by The Inspector of Police, Thuckalay Police Station, Kanyakumari District.

(Crime No.455 of 2025) .. Respondent/Complainant For Petitioner : Mr.P.T.Ramesh Raja, 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.455 of 2025 on the file of the Respondent Police. ORDER : This Court made the following order :- The petitioner/A3, who was arrested and remanded to judicial custody on 20.06.2025 for the offences punishable under Sections 8(c) r/w 20(b)(ii)(B), 22(a) and 29(1) of Narcotic Drugs and Psychotropic Substances Act, in Crime No.455 of 2025 1/5

on the file of the respondent police, seeks bail. 2.The case of the prosecution is that on 27.06.2025, on receipt of secret information, the respondent police went to Iraviputhurkadai Manjadi Iraiyankulam and on seeking the police party, the accused persons tried to escape from that place and the respondent police caught hold of them, that on search, it was found that they were in illegal possession of 1.250 kg of Ganja and 3.200 gm of Methamphetamine and they have arrested them. On the basis of confession of A1, A5 namely Rajesh Kumar was implicated in this case. 3.The learned counsel for the petitioner would submit that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution. 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 co-accused/A1 has been granted bail by this Court in crl.OP(MD)No.13533 of 2025, dated 13.08.2025 and the petitioner is in custody from 20.06.2025 nearly 54 days. Hence, he seeks bail.

4. The learned Government Advocate (Criminal Side) would submit that there are totally five accused involved in this case. The petitioner herein has been arrayed as A3. The fifth accused had supplied Ganja to the other accused persons for the purpose of selling the same and and when the petitioner along with other accused 2/5

tried to sell the Ganja, the respondent police arrested them. He would further submit that the properties were recovered by the respondent police, that the fourth accused was granted bail by the learned Principal Special Court for NDPS Act cases, Madurai in Crl.M.P.No.3062 of 2025, dated 06.08.2025 and the first accused was also granted bail by this court in Crl.OP(MD)No.13533 of 2025, dated 13.08.2025. The petitioner is having four previous cases, out of which, two cases under NDPS Act and other two cases under IPC. Hence, he opposed to grant bail to the petitioner.

5. Taking into consideration of the facts and circumstances of the case and considering the fact that the entire properties have already been recovered and also the fact that the co-accused/A4 and A1 were already released on bail and taking note of the fact that the petitioner remanded into judicial custody on 20.06.2025, taking into consideration of the period of incarceration, 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.25,000/- (Rupees Twenty Five Thousand only) with two sureties, each for a like sum to the satisfaction of Principal Special Court for Narcotic Drugs and Psychotropic Substances Act cases, Madurai and on further conditions that :- 3/5

[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 furnish his residential address and contact number to the learned Principal Special Judge for Narcotic Drugs and Psychotropic Substances Act cases, Madurai. If the petitioner changes his residential address, he shall report the same to the learned Principal Special Judge for Narcotic Drugs and Psychotropic Substances Act cases, Madurai;

[c] the petitioner shall appear and sign before the respondent police daily twice i.e., 10.00 a.m., and 05.00 p.m., until further orders. [d] the petitioner shall not abscond either during investigation or trial. [e] the petitioner 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 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

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

sd/- 14/08/2025 / TRUE COPY / 14/08/2025 Sub-Assistant Registrar ( ) Madurai Bench of Madras High Court, Madurai - 625 023.

DAS TO 1.The Principal Special Judge, Principal Special Court For Narcotic Drugs and Psychotropic Substanes Act Cases Madurai. 2.The Superintendent, District Prison, Nagercoil, Kanyakumari District. 3.The Inspector of Police, Thuckalay Police Station, Kanniyakumari District.

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

ORDER IN CRL OP(MD) No.13564 of 2025 Date :14/08/2025 SBN/14.08.2025 5P/5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5