Sakthivel v. State Of Tamilnadu Rep By Inspector Of Police, Somarasampet

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 25/11/2025 PRESENT The HONOURABLE MRS. JUSTICE S.SRIMATHY Sakthivel ... Petitioner/Accused Vs The State of Tamil Nadu, Rep By, The Inspector of Police, Somarasampet Police Station, Trichy District.

Cr.No.565 of 2024.

... Respondent/Complainant For Petitioner : Mr. G. Praveen Kumar, Advocate.

For Respondent : Mr.E.Antony Sahaya Prabahar, Additional Public Prosecutor PRAYER :- For Bail in Cr.No.565 of 2025 on the file of the respondent police. ORDER : The Court made the following order :- The petitioner/A1, who was arrested and remanded to judicial 1/6

custody on 17.10.2025 for the offences punishable under Section 8(c) r/w Section 20(b)(ii)(B) of Narcotic Drugs and Psychotropic Substances Act, 1985, in Crime No.565 of 2025 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that the petitioner was found in illegal possession of 1.050 kgs of Ganja. Hence, the complaint.

3. The learned counsel appearing for the petitioner would submit that the petitioner is an innocent person and he has not committed any offences as alleged by the prosecution. He would further submit that the petitioner is no way connected with the case, a false case has been lodged as against the petitioner. He would further submit that the petitioner is in custody from 17.10.2025. Hence, he seeks bail.

4. The learned Additional Public Prosecutor appearing for the respondent would submit that there five previous cases pending against the petitioner, out of which, four cases are similar in nature. He further submitted that investigation of the case is pending and hence, he 2/6

objected to grant bail to the petitioner.

5. In spite of five previous cases pending against the petitioner, the contra band recovered in the present case does not amount to commercial quantity. Taking into consideration the said facts and circumstances of the case 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:

6. Accordingly, the petitioner is ordered to be released on bail on executing a separate 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 Additional District and Sessions Judge / Presiding Officer, Special Court under Essential Commodities and NDPS Act, Pudukkottai, 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;

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[b] the petitioner shall appear before the respondent - Police daily at 10.30 am until further orders;

[c] the petitioner shall not abscond either during investigation or trial;

[d] the petitioner shall not tamper with evidence or witness 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 petitioners in accordance with law as if the conditions have been imposed and the petitioners 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]; [f] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 BNS.

(S S Y J) 25.11.2025 TRP 4/6

TO

1. The Additional District and Sessions Judge / Presiding Officer, Special Court under Essential Commodities and NDPS Act, Pudukkottai

2. The Inspector of Police, Annamalai Nagar Police Station, Cuddalore District.

3. The Superintendent, Central Prison, Trichy.

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

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S.SRIMATHY,J TRP

ORDER

IN CRL OP(MD) No.20249 of 2025 Date : 25/11/2025 6/6