A.Mubeena v. The State Of Tamil Nadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 23-10-2025
CORAM
THE HONOURABLE MRS JUSTICE S.SRIMATHY CRL OP(MD) NO. 17088 of 2025 A.Mubeena Petitioner(s) Vs The State of Tamil Nadu Rep by, The Inspector of Police, Gudalur North Police Station, Theni District. Cr.No.238 of 2025.
Respondent(s) For Petitioner(s): Mr.N.Mani Maran For Respondent(s): Mr.E.Antony Sahaya Prabahar, Additional Public Prosecutor Prayer: For Bail in Cr.No.238 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 09.09.2025 for the offences punishable under Section 8(c) read with 20(b)(ii)(B) of NDPS Act in Crime No.238 of 2025, on the file of the respondent police, seeks bail.
2.The case of the prosecution is that on 08.09.2025 the respondent police seized 8 kg of ganja. Hence, this case.
3. The learned counsel for the petitioner submits that the petitioner is an innocent person and she has not committed any offence as alleged by the
prosecution. However, she has been arrested and she is languishing in jail from 09.09.2025. Therefore, he prays for grant of bail.
4. The learned Additional Public Prosecutor appearing for the respondent police opposed for grant of bail on the ground that eight previous cases are pending against the petitioner.
5. Considering the facts and circumstances and considering the duration of the custody and also considering the fact that the contraband seized from the petitioner is only below commercial quantity this Court is inclined to grant bail to the petitioner on certain 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 Special Principal District Judge for EC and 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/concerned court may obtain a copy of their Aadhar card or Bank Pass Book to ensure their identity;
b)the petitioner shall appear before the respondent police daily at 10.30 a.m., 1.00 p.m. and 05.30 p.m., for a period of two
weeks and thereafter the Special Principal District Court for EC and NDPS Act cases, Coimbatore at 10.30 a.m., daily, until further orders;
c)the petitioner shall not tamper with evidence or witness; d)the petitioner shall not abscond during 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 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 of BNS.
23-10-2025 KSA
To
1. The Inspector of Police, Gudalur North Police Station, Theni District.
2. The Special Principal District Judge for EC and NDPS Act cases, Madurai.
3. The Special Principal District Judge for EC and NDPS Act cases, Madurai.
3The Superintendent, District Female Jail Nilakottai, Dindigul.
4.The Additional Public Prosecutor, Madurai Bench Of Madras High Court, Madurai.