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Madras High CourtCRL OP(MD)/16087/2025granted

Velmani @ Velumani v. The State Of Tamil Nadu

2025-11-11Honourable Mrs Justice S.Srimathy6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 11/11/2025 PRESENT The HONOURABLE MRS. JUSTICE S.SRIMATHY Velmani @ Velumani ... Petitioner/Accused Vs The State of Tamil Nadu, Rep By, The Inspector of Police, Annamalai Nagar Police Station, Cuddalore District.

Cr.No.260 of 2024.

... Respondent/Complainant For Petitioner : Mr. N.Pragalathan, Advocate.

For Respondent : Mr.E.Antony Sahaya Prabahar, Additional Public Prosecutor PRAYER :- For Bail in Cr.No.260 of 2024 on the file of the respondent police. ORDER : The Court made the following order :- The petitioner/A9, who was arrested and remanded to judicial 1/6

custody on 17.03.2025 for the offences punishable under Sections 8(c) r/w 20(b)(ii)(C) and 25 of the Narcotic Drugs and Psychotropic Substances Act, 1985, in Crime No.260 of 2024 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that the petitioner was found in illegal possession of 20.300 kgs of Ganja. Hence, the complaint.

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 petitioner is in custody from 17.03.2025. Hence, he seeks bail.

4. The learned Additional Public Prosecutor appearing for the respondent would submit that based on the confession of co-accused the petitioner herein is arrayed as accused and that there is no previous case pending against the petitioner. He further submitted that co accused viz., 2/6

A1 to A4 have already been arrested and released on bail and the charge sheet has also been laid before the Court concerned. 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 co-accused have already been released on bail and there is no previous case pending against the petitioner and also considering 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 separate 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 Court / Special Court under EC Act, Thanjavur, Thanjavur District, 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 3/6

to ensure their identity;

[b] the petitioner shall appear before the concerned Court on all hearing dates without fail. [c] the petitioner shall not abscond either during investigation or trial;

[d] the petitioner shall not tamper with evidence or witness either during investigation or trial; [e] 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 and the petitioners 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]; [f] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 BNS.

(S S Y J) 11.11.2025 TRP TO 4/6

1. The Additional District Court / Special Court under EC Act, Thanjavur, Thanjavur District.

2. The Inspector of Police, Annamalai Nagar Police Station, Cuddalore District.

3. The Superintendent, Central Prison, Trichy.

4. 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.16087 of 2025 Date : 11/11/2025 6/6