Ganesapandiyan @ Alexpandiayan v. The State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 19/12/2025 PRESENT The HONOURABLE MRS. JUSTICE S.SRIMATHY Ganesapandiyan @ Alexpandiay ... Petitioner/Accused Vs The State of Tamil Nadu, Rep By, The Inspector of Police, Peraiyur Taluk Police Station, Ramanathapuram District.

Cr.No.115 of 2025.

... Respondent/Complainant For Petitioner : Mr. M.S.Jeyakarthik, Advocate.

For Respondent : Mr.S.S. Manoj, Government Advocate (Crl.Side) PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- For Bail in Cr.No.115 of 2025 on the file of the respondent police. ORDER : The Court made the following order :- 1/6

The petitioner, who was arrested and remanded to judicial custody on 29.11.2025 for the offences punishable under Sections 8(c) r/w. 20(b) (ii)(B) of NDPS Act, 1985 in Crime No.115 of 2025 on the file of the respondent police seeks bail.

2. The case of the prosecution is that the petitioner herein is said to have illegally found in possession of 1.200 kgs of Ganja. Hence, the complaint.

3. The learned counsel for the petitioner submitted that the petitioner has not committed any offence as alleged by the prosecution. 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 29.11.2025. Hence, he seeks bail to the petitioner. He further submitted that it has been wrongly mentioned as Peraiyur Taluk Police Station instead of Peraiyur Police Station.

4. The learned Government Advocate (Crl. side) would submit that 2/6

there are 11 previous cases pending against the petitioner all are under IPC cases and the investigation of the case is pending and hence, he opposed for grant of bail to the petitioner.

5. Even though 11 previous cases are pending against the petitioner, which are under IPC cases and considering the fact that the contraband recovered is intermediate 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 Judicial Magistrate, Kamuthi 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.

[b] the petitioner shall appear before the 3/6

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 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].

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

(S S Y J) 19.12.2025 TRP TO 4/6

1. The Judicial Magistrate, Kamuthi

2. Do-Through The Chief Judicial Magistrate, Ramanathapuram District.

3. The Superintendent, District Prison, Ramanathapuram.

4. The Inspector of Police, Peraiyur Taluk Police Station, Ramanathapuram District.

5. 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.23791 of 2025 Date : 19/12/2025 6/6