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Madras High CourtCRL OP(MD)/19486/2025granted

Sundari v. State Of Tamilnadu, Rep. By The Sub-Inspector Of Police,Thanjavur Taluk

2026-03-30Honourable Mr. Justice P.Dhanabal6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 30.03.2026 PRESENT THE HONOURABLE MR. JUSTICE P. DHANABAL Sundari

...Petitioner/Accused

Vs State of Tamil Nadu rep. by The Sub Inspector of Police, Thanjavur Taluk Police Station Thanjavur.

(Crime No. 280 of 2025 )

...Respondent/Complainant

For Petitioner : Mr.M.Vivek Kumar Advocate.

For Respondent : Mr.B.Nambi Selvan Additional Public Prosecutor PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- For Bail in Cr.No. 280 of 2025 on the file of the respondent police. 1/6

ORDER : The Court made the following order :- The petitioner / Accused, who was arrested and remanded to judicial custody on 06.05.2025 for the offences punishable under Sections 8(c) r/w 20(b)(ii)(C) of NDPS Act in Crime No. 280 of 2025 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that on 06.05.2025, the petitioner and other accused were in illegal joint possession of 28 kgs of contraband. Hence the case.

3. The learned counsel appearing for the petitioner would submit that the petitioner is innocent and she was falsely implicated in this case and she has not committed any offence as alleged by the prosecution. He would further submit that no contraband was recovered from this petitioner and entire contraband was recovered from A1. He would further submit that she has been arrested and remanded to judicial custody on 06.05.2025. Therefore, prayed to grant bail for the petitioner.

4. The learned Additional Public Prosecutor appearing for the 2/6

respondent would admit that no contraband was recovered from this petitioner and entire contraband was recovered from A1. He would further submit that the petitioner has no previous case. However, he strongly opposed to grant bail to the petitioner.

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

6. Considering the rival submissions made by the learned counsel on either side, nature of offence, and also considering the facts that though the quantity of contraband is commercial quantity, the entire contraband was recovered from A1 alone and no any contraband was recovered from this petitioner and there is no specific overt-act attributed as against the petitioner and no previous case is pending against the petitioner and also considering the period of incarceration undergone by the petitioner from 06.05.2025, this Court is inclined to grant bail to the petitioner subject to the following conditions: [a] Accordingly, the petitioner is ordered to be released 3/6

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 under Essesstial Commodities Act, Thanjavur, and on further conditions that:

[b] the petitioner shall report before the Special Court under Essesstial Commodities Act, Thanjavur, on all working days at 10.30 a.m. and 5.00 p.m, 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 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;

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[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 5560].

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

(P D B J) 30.03.2026 apd To 1.The Special Court under Essesstial Commodities Act, Thanjavur. 2.The Sub Inspector of Police, Thanjavur Taluk Police Station Thanjavur.

3. The Superintendent, Central Prison, Thanjavur. 4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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P. DHANABAL, J apd

ORDER

IN CRL OP(MD) No. 19486 of 2025 Date : 30.03.2026 6/6