Sulochana v. The State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date :16.09.2025 PRESENT THE HONOURABLE MRS. JUSTICE S.SRIMATHY Sulochana ... Petitioner/ A5 Vs The State of Tamilnadu, Rep by the Inspector of Police, NIBCID, Theni Theni District (Crime No.11 of 2025) ... Respondent/Complainant For Petitioner : Mr.P.Thanga Prithvi Rajan For Respondent : Mr.E.Antony Sahaya Prabahar Additional Public Prosecutor PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- For Bail in Crime No.11 of 2025 on the file of the respondent police. ORDER : The Court made the following order :- The petitioner, who was arrested and remanded to judicial custody on 31.07.2025 for the offences punishable under 8(c) r/w.20(b)(ii)(B), 29(1) of NDPS Act in Crime No.11 of 2025 on the file of the respondent police. seeks bail. 1/4

2. The case of the prosecution is that the petitioner along with other accused were found in illegal possession of 16kgs of ganja and they were caught red handed. Hence, the case.

3. The learned counsel for the petitioner submitted that the petitioner is an innocent person and she has not committed any offences as alleged by the prosecution. He further submitted that the petitioner is ready and willing to abide by any conditions which may be imposed by this Court and she is in judicial custody from 31.07. 2025 and she further submitted that the contraband recovered from this petitioner is 2 kgs. Hence, he seeks bail to the petitioner.

4. The learned Additional Public Prosecutor submitted that the petitioner along with other accused were found in illegal possession of 16kgs of ganja and they were caught red handed , hence he opposed for grant of bail to the petitioner.

5. Taking into consideration of the facts and circumstances of the case and also taking in to consideration the period of incarceration suffered by the petitioner and also the fact that the contraband involved in this case is below commercial quantity, 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 2/4

for a like sum to the satisfaction of the Special Court for trial of NDPS Act Cases, 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 petitioner shall furnish her residential address and mobile number to the Special Court for trial of NDPS Act Cases, Madurai [c] If the petitioner changes her residential address, she shall report the same to the Special Court for trial of NDPS Act Cases, Madurai [d] the petitioner shall report before the trial Court on all working days 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 3/4

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/- 16/09/2025 / TRUE COPY / 16/09/2025 Sub-Assistant Registrar (AD-II) Madurai Bench of Madras High Court, Madurai - 625 023.

aav To

1. The Special Judge for trial of NDPS Act Cases, Madurai.

2. The Superintendent, Central Prison, Madurai(Women).

3. The Inspector of Police, NIBCID, Theni, Theni District

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

ORDER

IN CRL OP(MD) No.15335 of 2025 Date :16/09/2025 NBF/16/09/2025/ 4P/5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4