Surya v. The State Of Tamil Nadu

S.SRIMATHY , J.

Today, this case is listed under the caption "for being mentioned".

2. It is brought to the notice of this Court that some typographical error has been crept in the order dated 17.10.2025. Accordingly, first paragraph shall be replaced as follows:- ''The Petitioner, who was arrested and remanded to judicial custody on 13.09.2025 for the offences punishable under Sections 8(c) r/w 20(b)(ii)(B) of Narcotic Drugs & Psychotropic Substances Act, 1985, in Crime No.172 of 2025 on the file of the respondent police, seeks bail.''

3. Registry is directed to carry-out the necessary corrections in the order dated 17.10.2025 in Crl.OP(MD).No.18159 of 2025 and issue fresh order copy to the learned counsel for the petitioner.

22.10.2025 msrm Note: Issue order copy on 23.10.2025.

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S.SRIMATHY , J.

msrm 22.10.2025 2/7

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 17.10.2025 PRESENT THE HONOURABLE MRS. JUSTICE S.SRIMATHY CRL OP(MD)No.18159 of 2025 Surya ... Petitioner/Sole Accused Vs The State of Tamilnadu, Rep by the Inspector of Police, Kamuthi Police Station, Ramanathapuram District.

(Crime No.172 of 2025) ... Respondent/Complainant For Petitioner : Mr.G.Vishnuram For Respondent : Mr.E.Antony Sahaya Prabahar Additional Public Prosecutor PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- For Bail in Crime No.172 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 13.09.2025 for the offences punishable under Sections 8(c) r/w. 20(b)(ii) of 3/7

Narcotic Drugs & Psychotropic Substances Act, 1985, in Crime No.172 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 1.200 kgs 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 13.09.2025. Hence, he seeks bail to the petitioner.

4. The learned Additional Public Prosecutor submitted that the petitioner was in illegal possession of ganja. He further submitted that nine previous cases are pending against the petitioner. Therefore, he opposed for grant of bail to the petitioner.

5. Taking into consideration of the fact that even though the petitioner has previous cases, the present case does not involve commercial 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:

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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 / Presiding Officer Special Court for EC and NDPS Act Cases, Pudukkottai, and 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 report before the respondent police daily at 10.30 a.m., until further orders. He has to co-operate for the investigation.

[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 5/7

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.

(S S Y J) 17.10.2025 jbr To

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

2. The Superintendent, District Prison, Pudukkottai.

3. The Inspector of Police, Kamuthi Police Station, Ramanathapuram District.

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

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S.SRIMATHY,J.

jbr

ORDER

IN CRL OP(MD) No.18159 of 2025 Date : 17.10.2025 7/7