Murugansuriyan v. The State Of Tamil Nadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 03.03.2025 PRESENT THE HONOURABLE MR. JUSTICE R. SAKTHIVEL 1.Murugansuriyan 2.Vinoth Pandian ... Petitioners/Accused Nos.1 & 2 Vs The State of Tamil Nadu, Rep by the Inspector of Police, Anna Nagar Police Station, Madurai City.
Crime No.451 of 2024 ... Respondent/Complainant For Petitioners :
Mr.R.Vignesh For Respondent :
Mr.R.Meenakshi Sundaram Additional Public Prosecutor PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- For Bail in Crime No.451 of 2024 on the file of the respondent-police. 1/5
ORDER : The Court made the following order :- This Criminal Original Petition has been filed by the petitioners on 16.12.2024 under Section 483 of Bharatiya Nagarik Suraksha Sanhita (BNSS) praying to grant an order of bail.
2. The petitioners / accused Nos.1 & 2 were arrested and remanded to judicial custody on 10.07.2024 for the alleged offences punishable under Sections 8(c), 20(b)(ii) (C), 52 and 29(1) of Narcotic Drugs and Psychotropic Substances Act, 1985 in Crime No.451 of 2024 on the file of the respondent-police.
3. The case of the prosecution is that based on secret information, the respondent-Police reached the spot on 10.07.2024, at about 19.40 hours and intercepted 3 two-wheelers bearing Registration Nos.TN 64 X 0078, TN 59 CH 3195 and TN 64 P 3372. On search, the Police found a white colour gunny bag in a two Wheeler bearing Registration No.TN 64 X 0078, which contained 11 parcels of Ganja. Hence the case.
4. Mr.R.Vignesh, the learned counsel appearing for the petitioners, submits that 2/5
the petitioners did not commit any offence as alleged by the prosecution, and that they have been falsely implicated in this case. He however submits that the petitioners are ready to abide by any conditions to be imposed by this Court. He further submits that the petitioners have been in judicial custody since 10.07.2024. He therefore prays to grant bail to the petitioners.
5. Mr.R.Meenakshi Sundaram, the learned Additional Public Prosecutor appearing for the respondent-police, submits that the contraband (21 kgs of Ganja) was seized from A1 to A7, including the petitioners/A1 & A2, which is a commercial quantity. He further submits that if the petitioners are enlarged on bail, they will abscond and commit similar offence. Therefore, he prays to dismiss this Criminal Original Petition.
6. Heard on both sides. This Court has perused the records including the CD file.
7. The petitioners are A1 and A2. The respondent-Police seized contraband (21kgs of Ganja) from the accused persons, including the petitioners / A1 & A2, which is a commercial quantity. There are sufficient materials available on record to 3/5
show that the petitioners have committed the offence. The petitioners have not satisfied the rigors stated in Section 37 of Narcotic Drugs and Psychotropic Substances Act, 1985. To be note, the above view is recorded only for the limited purpose of deciding the bail petition. The above view, in any way, would not cause prejudice to the rights of the petitioners to defend the case during the trial. This Court is not inclined to grant bail to the petitioners. Accordingly, this Criminal Original Petition is dismissed.
sd/- 03/03/2025 / TRUE COPY / /03/2025 Sub-Assistant Registrar (C.S. I / II / III / IV) Madurai Bench of Madras High Court, Madurai - 625 023.
MBI TO 1 THE INSPECTOR OF POLICE, ANNA NAGAR POLICE STATION, MADURAI CITY, MADURAI.
2 THE SUPERINTENDENT CENTRAL JAIL, MADURAI 3 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
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+1 CC to M/s.R.VIGNESH, Advocate ( SR-2374[I] dated 04/03/2025 )
ORDER
IN CRL OP(MD) No.22360 of 2024 Date :03/03/2025 HPS/SAR- /24/03/2025/ 5P/5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5