Arivalagan v. The State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 01.09.2025 PRESENT THE HONOURABLE MRS. JUSTICE S.SRIMATHY

1. Arivalagan

2. Nixson @ Nixshan ... Petitioners/ Accused Nos.1 & 2 Vs The State of Tamilnadu, Rep by the Inspector of Police, Golden Rock Police Station, Trichy District.

(Crime No.229 of 2025) ... Respondent/Complainant For Petitioners : Mr.B.Arun For Respondent : Mr.E.Antony Sahaya Prabahar Additional Public Prosecutor PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- For Bail in Crime No.229 of 2025 on the file of the respondent police. ORDER : The Court made the following order :- The petitioners, who were arrested and remanded to judicial custody on 31.07.2025 for the offences punishable under Sections 8(c), and 20(b)(ii)(B) of NDPS 1/5

Act in Crime No. 229 of 2025 on the file of the respondent police, seek bail.

2. The case of the prosecution is that the petitioners were found to be in illegal possession of 4.232 kilograms of ganja. Hence, the complaint.

3. The learned counsel for the petitioners submitted that the petitioners are innocent person and they have not committed any offences as alleged by the prosecution. He further submitted that the petitioners are in judicial custody from 31.07.2025. Hence, he seeks bail to the petitioner.

4. The learned Additional Public Prosecutor submitted that A-1 has three previous case and A-2 has two previous cases. However, he opposed for grant of bail to the petitioners.

5. Taking into consideration of the facts and circumstances of the case and also considering 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 bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) each with two sureties, each for a like sum to the satisfaction of the learned Additional District and Sessions Judge / Presiding Officer, Special Court for E.C and NDPS Cases, Pudukottai, and on further conditions that :- [a] the sureties shall affix their photographs and Left Thumb 2/5

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 his residential address and mobile number to the learned Additional District and Sessions Judge / Presiding Officer, Special Court for E.C and NDPS Cases, Pudukottai. [c] If the petitioners changes his residential address, she shall report the same to the learned Additional District and Sessions Judge / Presiding Officer, Special Court for E.C and NDPS Cases, Pudukottai. [d] the petitioners shall stay at Tirunelveli and appear before the Inspector of police, Palayamkottai Police Station, Tirunelvei, daily at 10.30 a.m., until further orders. They have to co-operate for the investigation.

[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 Magistrate/Trial Court is entitled to take appropriate action against the petitioners in accordance with law as if the conditions have been imposed 3/5

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].

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

sd/- 01/09/2025 / TRUE COPY / 01/09/2025 Sub-Assistant Registrar Madurai Bench of Madras High Court, Madurai - 625 023.

jbr TO 1 The Additional District And Sessions Judge/presiding Officer, Special Court For E.C and Ndps Cases, Pudukottai.

2 The Superintendent, Central Prison, Trichy. 3 The Inspector of Police, Golden Rock Police Station, Trichy District. 4 The Inspector of Police, Palayamkottai Police Station, Tirunelveli. 5 The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

ORDER

IN CRL OP(MD) No.14415 of 2025 Date :01/09/2025 4/5

NBF/SAR- /01/09/2025/ 5P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5