Gangasevi v. The State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 31.10.2025 PRESENT THE HONOURABLE MRS. JUSTICE S.SRIMATHY CRL OP(MD)No.16604 of 2025 Gangadevi ... Petitioner/ Sole Accused Vs The State of Tamilnadu, Rep by the Inspector of Police, PEW Trichy City Police Station, Trichy District.

(Crime No.131 of 2025) ... Respondent/Complainant For Petitioner : Mr.J.Jeevin For Respondent : Mr.Thiruvadi Kumar Additional Public Prosecutor PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- For Bail in Crime No.131 of 2025 on the file of the respondent police.

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ORDER : The Court made the following order :- The petitioner, who was arrested and remanded to judicial custody on 06.09.2025 for the offences punishable under Sections 8(c) r/w. 20(b)(ii)(B) of NDPS Act, in Crime No.131 of 2025 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that the petitioner was in illegal possession of 4.550 kilograms of ganja. Hence, the complaint.

3. The learned counsel for the petitioner submitted that the petitioner is an innocent person and he has not committed any offences as alleged by the prosecution. He further submitted that the petitioner is in judicial custody from 06.09.2025. Hence, he seeks bail to the petitioner.

4. The learned Additional Public Prosecutor submitted that nine previous case are pending against the petitioner. Therefore, he opposed for grant of bail to the petitioner.

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5. Taking into consideration the fact that even though nine previous cases are pending against the petitioner, the present case involves only an intermediate quantity 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 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 learned Additional District and Sessions Judge Special Court for EC and NDPS Act Cases, Pudukkottai, on further conditions that :- [a] the petitioner and the sureties shall affix their photographs and left thumb impression in the surety bond and the Magistrate may obtain a copy of their Aadhaar card or bank pass book to ensure their identity. [b] the petitioner shall stay at Nagercoil and report before Inspector of Police, Nagercoil Town Police Station, Nagercoil, daily at 10.30 a.m., until further orders. 3/6

[c] the petitioner shall not tamper with the evidence or witness either during investigation or trial. [d] the petitioner shall not abscond 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 petitioner in accordance with law as if the conditions have been imposed and the petitioner is 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.

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To

1. The Additional District and Sessions Judge Special Court for EC and NDPS Act Cases, Pudukkottai.

2. The Superintendent, Central Prison, Trichy.

3. The Inspector of Police, PEW Trichy City Police Station, Trichy District.

4. The Inspector of Police, Nagercoil Town Police Station, Nagercoil District.

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

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S.SRIMATHY,J.

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ORDER

IN CRL OP(MD) No.16604 of 2025 Date : 31.10.2025 6/6