Bharathkumar v. State Of Tamilnadu Rep By Inspector Of Police, Pew-Trichy Police Station,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 24.11.2025 PRESENT THE HONOURABLE MRS. JUSTICE S.SRIMATHY CRL OP(MD). No.18864 of 2025 Bharathkumar ... Petitioner/ Accused Vs The State of Tamilnadu, Rep by the Inspector of Police, PEW Trichy Police Station, Trichy City.

(Crime No.134 of 2025) ... Respondent/Complainant For Petitioner : Mr.K.M.Karunakaran For Respondent : Mr.E.Antony Sahaya Prabahar Additional Public Prosecutor PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- For Bail in Crime No.134 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 20.09.2025 for the offences punishable under Sections 8(c), r/w 20(b) (ii)(B) of NDPS Act 1985, in Crime No.134 of 2025 on the file of the respondent police. seeks bail.

2. The case of the prosecution is that the petitioner along with other accused persons were found in illegal possession of 1.250 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 co-accused had already been granted bail by the Additional District and Sessions Judge/Presiding Officer, Special Court for EC and NDPS Act Cases, Pudukottai. He further submitted that the petitioner is ready and willing to abide by any conditions which may be imposed by this Court and he is in judicial custody from 20.09.2025. Hence, he seeks bail to the petitioner.

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4. The learned Additional Public Prosecutor submitted that the petitioner along with other accused persons were found in possession of 1.250 kgs of ganja. He further submitted that the petitioner belongs to another state and 30 grams of smoke is yet to be investigated. Hence, he opposed for grant of bail to the petitioner.

5. Taking into consideration of the facts and circumstances of the case and also the fact that since the petitioner has complied with the conditions imposed in the interim bail regularly, the interim bail already granted is made absolute and the quantity of the contraband is not commercial 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:

[a] the petitioner shall report before the respondent police as and when required for interrogation. [b] the petitioner shall not abscond either during investigation or trial.

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[c] the petitioner shall not tamper with evidence or witness either during investigation or trial. [d] 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].

[e] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 BNS. Further, the ganja, 30 grams of smoke has been sent for lab, if the report is made against the petitioner, the liberty is granted to the prosecution to move a cancellation of bail application as per law.

(S S Y J) 24.11.2025 msrm 4/6

To

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

2. The Superintendent, Central Prison, Trichy.

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

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

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S.SRIMATHY,J.

msrm

ORDER

IN CRL OP(MD) No.18864 of 2025 Date : 24.11.2025 6/6