Pandeeswari v. The State Of Tamilnadu Rep.By

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 16.04.2026 PRESENT THE HONOURABLE MR. JUSTICE P. DHANABAL CRL OP(MD). No. 17776 of 2025 Pandeeswari ... Petitioner Vs The State of Tamil Nadu, Rep. by the Inspector of Police, Cumbum North Police Station, Theni District.

(in Crime No.140 of 2025)

...Respondent/Complainant

For Petitioner : Mr.A.Ananda Raj Advocate.

For Respondent : Mr.B.Nambi Selvan Additional Public Prosecutor PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- For Bail in Crime No.140 of 2025 on the file of the respondent. ORDER : The Court made the following order :- The petitioner, who was arrested and remanded to judicial custody on 09.06.2025 for the offences punishable under Sections 8(c) r/w. 20(b)(ii)(c), and 29(1) of NDPS Act, 1985, in Crime No.140 of 2025, on the file of the respondent, seeks bail.

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2.The case of the prosecution is that on 09.06.2025 at 05.10 hours, the Sub Inspector of Police, based on secret information, along with a police party and equipment, conducted a surveillance near the tree behind Saint Mary's School on Kamagauntanpatti Road, Cumbam. At that time four persons including the petitioner were intercepted and found that they are in possession of 22 kgs. of ganja. Hence, the case.

3. The learned counsel for the petitioner submitted that the petitioner has nothing to do with the alleged offence, and he has been falsely implicated in this case. As per the possession is concerned it was joint possession. Hence, he seeks bail to the petitioner.

4. The learned Additional Public Prosecutor, submitted that totally there five accused in this case. The petitioner is arrayed as A1 and arrested on 09.06.2025 itself. Each accused contains separate bag each containing 6 kgs of ganja. Hence, he opposed the grant of bail to the petitioner.

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

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9. Considering the rival submissions made by the learned counsel on either side, considering the nature of offence, even according to the prosecution the contraband involved is a commercial quantity, the contraband was recovered from each person through separate mahazar and in respect of this petitioner, the recovered contraband is 6 kgs., which is not commercial quantity, the petitioner has no previous case and also considering the period of incarceration of the petitioner from 09.06.2025, this Court is inclined to grant bail to the petitioner subject to the following conditions: [a] Accordingly, the petitioner is ordered to be released 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 Court for Narcotic Drugs and Phychotropic Substances Act Cases, Madurai, and on further conditions that:

[b] the petitioner shall report before the Special Court for Narcotic Drugs and Phychotropic Substances Act Cases, Madurai, daily at 10.30 a.m. and 05.00 p.m., on all working days, 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 3/6

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 2660]. [g] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 BNS.

(P D B J) 16.04.2026 TM To 1.The District and Sessions Judge, Special Court for Narcotic Drugs and Phychotropic Substances Act Cases, Madurai.

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2.The Inspector of Police, Cumbum North Police Station, Theni District.

3.The Superintendent, Women Prison, Sub Jail, Nilakottai. 4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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P. DHANABAL, J.

TM

ORDER

IN CRL OP(MD) No. 17776 of 2025 Date : 16.04.2026 6/6