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Madras High CourtCRL OP(MD)/17909/2025granted

Selvarani v. The State Of Tamil Nadu Rep.By

2026-04-30Honourable Mr. Justice P.Dhanabal6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 30/04/2026

CORAM

THE HONOURABLE MR. JUSTICE P. DHANABAL and Crl.MP(MD)No.8742 of 2026 Selvarani ... Petitioner/Accused No.1 Vs The State of Tamil Nadu Rep By its, The Inspector of Police, Usilampatty Town, Madurai District.

Crime No.652 of 2023. ... Respondent/Complainant PRAYER :- To enlarge the petitioner on bail in C.C.No.179 of 2024 on the file of the Principal Special Judge, Principal Special Court for trial NDPS Act case, Madurai.

For Petitioner : Mr.G.Murugendran, Advocate.

For Respondent : Mr.B.Nambi Selvan, Additional Public Prosecutor ORDER : The Court made the following order :- The petitioner / Accused, who was arrested and remanded to 1/6

judicial custody on 29.12.2023 for the offences punishable under Sections 8(c) and 20(b)(ii)(c) of NDPS Act, in Crime No.652 of 2023 on the file of the respondent, seeks bail.

2. The case of the prosecution is that on 29.12.2023 at about 12.15 pm, on the secret information, the respondent police went to near Mekizharpatti Service Road, Usilampatti-Battlagundu Road, and on searching, the accused were found in illegal possession of 36 kg of ganja. Hence the case.

3. The learned counsel appearing for the petitioner would submit that the petitioner is innocent and she was falsely implicated in this case and she has not committed any offence as alleged by the prosecution. He would further submit that this is the fourth bail petition and the earlier petitions filed by the petitioner were dismissed by this Court and the petitioner is aged about 70 years and this Court earlier granted interim bail up to 31.03.2025 to the petitioner on medical ground and she has also complied with the conditions. Therefore, prayed to grant bail for the petitioner.

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4. The learned Additional Public Prosecutor appearing for the respondent strongly opposed to grant bail to the petitioner on the ground that this is the fourth bail petition and the earlier petitions filed by the petitioner were dismissed by this Court and there are no change of circumstances.

5. This Court heard both sides and perused the materials available on record.

6. Considering the rival submissions made by the learned counsel on either side and the nature of the offence and though he quantity involved in this case is a commercial quantity, this Court earlier granted interim bail to the petitioner and she also complied with the condition and no previous case is pending against her and also considering her age and her health condition and she need for medical aid and considering the period of incarceration undergone by her, this Court is inclined to grant bail to the petitioner subject to the following conditions: [a] Accordingly, the petitioner is ordered to be released 3/6

on bail on condition to execute a 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 Special Judge, Principal Special Judge, Principal Special Court under EC & NDPS Act, Madurai, and on further conditions that: [b] the petitioner shall report before the trial Court daily at 10.30 a.m., and 05.00 p.m, until further orders. [c] the petitioner shall not commit any offence similar to the offence of which he/she is accused, or suspected, or of the commission of which he/she is suspected;

[d] the petitioner shall not abscond either during investigation or trial;

[e] the petitioner shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade her from disclosing such facts to the Court or to any police officer or tamper with the evidence;

[f] On breach of any of the aforesaid conditions, the learned Judicial 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].

[g] If the accused thereafter absconds, a fresh FIR can 4/6

be registered under Section 269 BNS.

- Consequently, the connected miscellaneous petition is closed. (P D B J) 30.04.2026 1/2 dss 5/6

P. DHANABAL,J DSS To 1.The Principal Special Court for for trial of NDPS Act Cases, Madurai. 2.The Inspector of Police, Usilampatty Town, Madurai District.

3. The Superintendent, Central Prison, Madurai. 4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

ORDER

IN CRL OP(MD) No.17909 of 2025 Date : 30/04/2026 1/2 6/6