Dismissed¶23

C.Sethupathy Alis Sethu v. The State Rep. of Tamilnadu by the Inspector of Police

Madras HC9 Oct 2025CRL OP/19051/2025

Case brief

AI extract

What is this about?

NDPS Act bail denial, repeat offenders (34 and 7 previous cases reported), twin conditions under Section 37 NDPS Act unsatisfied in earlier application Crl.O.P.No.1599 of 2025 dismissed 24.01.2025, bail under Section 483 Bharatiya Nagarik Suraksha Sanhita 2023 pending investigation, Cr.No.713 of 2024, E-5 Sholavaram Police Station, Madras High Court Criminal Original Petition dismissed 09.10.2025.

What did the court decide?

This Court declined to grant bail because the petitioners have previous bad antecedents and there is no change in circumstances since the earlier dismissal. ¶22

C.Sethupathy Alis Sethu Vs The State Rep. of Tamilnadu by… — Narcotics (NDPS) | Madras HC (2025)

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Crl.OP.No.19051 of 2025

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 09.10.2025

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CORAM

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THE HONOURABLE MR.JUSTICE K.RAJASEKAR

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Crl.O.P.No.19051 of 2025

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1.C.Sethupathy alis Sethu 2.B.Prabu ... Petitioners

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Vs. The State of Tamil Nadu, Rep. by the Inspector of Police, E-5, Sholavaram Police Station, Chennai – 600 067. ... Respondent (Cr.No.713 of 2024)

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PRAYER : Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioners on bail in Cr.No.713 of 2024 on the file of the respondent police, pending investigation.

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For Petitioners : Mr.C.K.M.Appaji For Respondent : Mr.A.Gopinath Government Advocate (Crl. Side)

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O R D E R

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The petitioners, who were arrested and remanded to judicial custody on

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17.07.2024 for the alleged offence under Section 8(C), 22(C), 20(b)(ii)(B),

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29(1), 25 of the NDPS Act, 1985 in Crime No.713 of 2024 on the file of the respondent police, seek bail.

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This Court dismissed the earlier bail application filed by the

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1/4

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https://www.mhc.tn.gov.in/judis

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Crl.OP.No.19051 of 2025

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petitioners on 24.01.2025 in Crl.O.P.No.1599 of 2025 by recording the following reasons:

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“4. Having heard the learned counsel for the petitioner and the learned Government Advocate (Crl.Side) for the respondent police and perused the materials available on record, this Court is of the opinion that the petitioner has not satisfied the twin conditions as contemplated under Section 37 of NDPS Act and hence, this Court is not inclined to grant bail to the petitioner. Accordingly, this Criminal Original Petition is dismissed.”

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The learned Government Advocate (Crl.Side) appearing for the respondent police reiterated the prosecution case and reported that the first petitioner is having 34 previous cases and the second petitioner is having 7 previous cases and all are similar in nature. Hence, he opposed to grant bail to the petitioner.

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Considering the fact that the petitioners having previous bad antecedents and since there is no change in circumstances, this Court is not inclined to grant bail to the petitioner.

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