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Madras High CourtCRL OP(MD)/22569/2025granted

Seethalakshmi v. State Of Tamilnadu Rep By Inspector Of Police, Rameswaram Temple

2025-12-09Honourable Mrs Justice S.Srimathy6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 09.12.2025 PRESENT THE HONOURABLE MRS. JUSTICE S.SRIMATHY CRL OP(MD)No.22569 of 2025 Seethalakshmi ... Petitioner / Sole Accused Vs The State of Tamilnadu, Rep by the Inspector of Police, Rameshwaram Temple Police Station, Ramanathapuram District.

(Crime No.33 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.33 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 22.11.2025 for the offences punishable under Sections 8(c) r/w 20(b) (ii)(B) of the Narcotic Drugs and Psychotropic Substance Act, 1985, in Crime No.33 of 2025 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that on 22.11.2025, at about 11.00 hours, upon receiving secret information, the respondent conducted a raid and found the accused person in possession of 1.150 kilograms of ganja, which was subsequently seized. Hence, the case.

3. The learned counsel for the petitioner submitted that the petitioner is an innocent person and she has not committed any offences as alleged by the prosecution. He further submitted that the petitioner is in judicial custody from 22.11.2025. Hence, he seeks bail to the petitioner.

4. The learned Additional Public Prosecutor submitted that the 2/6

petitioner has five previous cases registered against him for prohibition offences. In the present case, the petitioner was arrested while in illegal possession of 1.150 kilograms of contraband. He further contended that, if released on bail, the petitioner is likely to abscond and evade the due process of law. Hence, he strongly opposed the grant of bail to the petitioner.

5. Taking into consideration of the facts and circumstances of the case and 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:

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 E.C. And NDPS Act Cases, Pudukkottai, and on further conditions that :- 3/6

[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 learned Judicial Magistrate Court, Rameshwaram on all working days at 10.30 a.m., until further orders, except on the hearing dates before the Trial Court.

[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 by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005)AIR SCW 5560].

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

(S S Y J) 09.12.2025 pal To

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

2.The Judicial Magistrate Court, Rameshwaram.

3. The Officer-in-Charge, District Jail, Pudukkottai.

4.The Inspector of Police, Rameshwaram Temple Police Station, Ramanathapuram District.

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

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S.SRIMATHY,J.

pal

ORDER

IN CRL OP(MD) No.22569 of 2025 Date : 09.12.2025 6/6