Suresh Kannan @ Nettur Kannan v. The State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 25/11/2025 PRESENT The HONOURABLE MRS. JUSTICE S.SRIMATHY Suresh Kannan @ Nettur Kannan ... Petitioner/Accused Vs The State of Tamil Nadu, Rep. by Its, the Inspector of Police, Tenkasi Police Station, Tenkasi District.

Crime No.582 of 2023. ... Respondent/Complainant For Petitioner : Mr. J. Vijayaraja, Advocate.

For Respondent : Mr. E.Antony Sahaya Prabahar Additional Public Prosecutor PRAYER :- For Bail in Cr.No.582 of 2023 on the file of the Respondent Police. ORDER : The Court made the following order :- 1/5

The petitioner, who was arrested and remanded to judicial custody on 29.12.2023 for the offences punishable under Sections 8(c) r/w. 20(b) (ii)(c) of NDPS Act in Crime No.582 of 2023 in C.C.No.170 of 2024 on the file of the learned I Additional Special Court for NDPS Act Cases, Madurai, seeks bail.

2. The case of the prosecution is that the petitioner herein and other accused were found in illegal possession of 22 Kgs Ganja. Hence, the complaint.

3. As per the prosecution the petitioner and other accused were in join possession of commercial quantity of Ganja. The contention of the petitioner is that the prosecution has not stated in the First Information Report whether the contraband recovered consists of flowers and leaves of the ganja plant or whether it includes stems and other parts of the plants. The petitioner contended that the alleged 22 kilograms of ganja includes stems and other unwanted parts of the plants. This Court is of the considered opinion that at this stage of the case, the said contention 2/5

of cannot be taken into consideration, since the case is still at the trial stage.

4. The next contention of the petitioner is that the respondent has not filed FSL report, hence the petitioner is entitled to bail. Per contra, the learned Additional Public Prosecutor submitted that the FSL report is ready and the same would be marked at the time of trial and strongly, opposed to grant bail to the petitioner.

5. Heard the learned counsel for the petitioner and the learned Government Additional Public Prosecutor appearing for the respondent and perused the records.

6. It is seen that when the trial was about to commence, one of the accused had filed the discharge petition and the said petition was dismissed by the Trial Court on 06.02.2024. When a discharge petition is pending the Court cannot proceed with the Trial. it is because of one of the accused the trial could not be commenced. 3/5

7. Considering the fact that the case is now ready for trial, this Court is not inclined to grant bail at this stage. However, the Trial Court is directed to complete the trial on or before 30.06.2026. It is further directed that all the accused shall strictly cooperate for conducting of trial.

8. With the above observations, this Criminal original Petition is dismissed.

(S S Y J) 25.11.2025 TRP Note : Issue order copy on 02.12.2025 TO

1. I Additional Special Court for NDPS Act Cases, Madurai,

2. The Inspector of Police, Tenkasi Police Station, Tenkasi District.

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

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S.SRIMATHY,J TRP

ORDER

IN CRL OP(MD) No.15163 of 2025 Date : 25/11/2025 5/5