P.Karthikeyan v. The State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Dated : 16.10.2025 PRESENT The HONOURABLE MRS.JUSTICE S.SRIMATHY CRL OP(MD)No.18072 of 2025 Karthikeyan ... Petitioner/A-1 Vs.

The State of Tamil Nadu, Rep. By the Inspector of Police, Varusanadu Police Station, Theni District.

(Crime No.56 of 2021 ) ... Respondent For Petitioner : Mr.N.Manimaran For Respondent : Mr.E.Antony Sahaya Prabahar Additional Public Prosecutor PETITION FOR BAIL Under Sec.483 of BNSS, 2023. PRAYER :- For Bail in Cr.No. 56 of 2021 on the file of the respondent police. ORDER: The Court made the following order :- The petitioner/A-1, who was arrested and remanded to judicial custody on 22.08.2025 for the offences punishable under Sections 8(c ) read with 20(b)(ii) 1/6

(B) and 29(1) of Narcotic Drugs and Psychotropic Substances Act, in Crime No. 56 of 2021, on the file of the respondent police, seeks bail.

2. The case of the prosecution is that while conducting search in the vehicle, the petitioner and four others were found in possession of one Gunny bag each two Kilograms of Ganja. Hence, this case.

3. The learned counsel for the petitioner submits that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution. However, he has been arrested and he is languishing in jail from 22.08.2025. Therefore, he prays for grant of bail.

4. The learned Government Advocate (Criminal Side) submitted that a Non-Bailable Warrant (NBW) was issued against the petitioner and the respondent police executed a warrant on 21.08.2025 and remanded on 22.08.2025. He further submitted that the investigation in this case has been completed and a final report has also been filed and the same was taken on file as C.C.No. 428 of 2022 on the file of the Special Principal District Judge for EC and NDPS Act, Madurai. However, he opposed to grant bail to the petitioner.

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5. Taking into consideration of the facts and circumstances of the case, and taking note that the entire investigation in this case has already been completed and a final report has also been filed and the case is now pending for trial, and considering the period of incarceration already undergone by the petitioner, and also considering the undertaking given by the learned counsel for 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.10000/- (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, Madurai 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 to ensure their identity;

[b] the petitioner shall furnish his residential address and contact number to the learned Special Principal District Judge for EC and NDPS Act, Madurai. If the petitioner changes his residential address, he shall report the same to the learned Special Principal District Judge for EC and NDPS Act, Madurai; 3/6

[c] the petitioner shall report before the concerned Trial Court on hearing dates;

[d] the petitioner shall not abscond either during investigation or trial; [e] the petitioner shall not tamper with evidence or witness either during investigation or trial;

[f] 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]; and;

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

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TO 1.The Special Principal District Judge for EC and NDPS Act, Madurai.

2. The District Communal Clash case in Southern District, Madurai.

3. The Inspector of Police, Varusanadu Police Station, Theni District.

4. The Superintendent, Central Prison, Theni.

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

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S.SRIMATHY,J KSA

ORDER

IN CRL OP(MD) No.18072 of 2025 Date : 16.10.2025 6/6