Dismissed¶¶35

Suresh Kannan @ Nettur Kannan v. The State of Tamil Nadu

Bail – NDPS Act

Madras HC25 Nov 2025CRL OP(MD)/15163/2025

Download

Case brief

AI extract

What is this about?

Regular bail refused under NDPS Act (S.8(c) r/w 20(b)(ii)(c)) for possession of 22 Kgs ganja, commercial quantity; contention on stems/unwanted plant parts rejected at trial stage; FSL report stated ready for marking at trial; delay caused by co-accused's discharge petition dismissed 06.02.2024; trial directed to be completed by 30.06.2026; accused to cooperate. CRL OP(MD) No.15163 of 2025, Madurai Bench of Madras High Court, Justice S.Srimathy, dated 25/11/2025; petition dismissed.

What did the court decide?

At this stage of the case, the contention that the alleged 22 kilograms of ganja includes stems and other unwanted parts of the plants cannot be taken into consideration, since the case is still at the trial stage. ¶¶25

Suresh Kannan @ Nettur Kannan Vs The State of Tamil Nadu — Narcotics (NDPS) | Madras HC (2025)

¶1

CRL OP(MD). No.15163 of 2025

¶2

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

¶3

( Criminal Jurisdiction )

¶4

Date : 25/11/2025

¶5

PRESENT

¶6

The HONOURABLE MRS. JUSTICE S.SRIMATHY

¶7

CRL OP(MD). No.15163 of 2025

¶8

Suresh Kannan @ Nettur Kannan ... Petitioner/Accused

¶9

¶10

The State of Tamil Nadu, Rep. by Its, the Inspector of Police, Tenkasi Police Station, Tenkasi District. Crime No.582 of 2023. ... Respondent/Complainant

¶11

For Petitioner : Mr. J. Vijayaraja, Advocate. For Respondent : Mr. E.Antony Sahaya Prabahar Additional Public Prosecutor

¶12

PRAYER :-

¶13

For Bail in Cr.No.582 of 2023 on the file of the Respondent Police.

¶14

ORDER : The Court made the following order :-

¶15

1/5

¶16

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

¶17

CRL OP(MD). No.15163 of 2025

¶18

The petitioner, who was arrested and remanded to judicial custody on 29.12.2023 for the offences punishable under Sections 8(c) r/w. 20(b) (ii)(c) of NDPS Act in Crime No.582 of 2023 in C.C.No.170 of 2024 on the file of the learned I Additional Special Court for NDPS Act Cases, Madurai, seeks bail.

¶19

The case of the prosecution is that the petitioner herein and other accused were found in illegal possession of 22 Kgs Ganja. Hence, the complaint.

¶20

As per the prosecution the petitioner and other accused were in join possession of commercial quantity of Ganja. The contention of the petitioner is that the prosecution has not stated in the First Information Report whether the contraband recovered consists of flowers and leaves of the ganja plant or whether it includes stems and other parts of the plants. The petitioner contended that the alleged 22 kilograms of ganja includes stems and other unwanted parts of the plants. This Court is of the considered opinion that at this stage of the case, the said contention

¶21

2/5

¶22

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

¶23

CRL OP(MD). No.15163 of 2025

¶24

stage.

¶25

of cannot be taken into consideration, since the case is still at the trial stage.

¶26

The next contention of the petitioner is that the respondent has not filed FSL report, hence the petitioner is entitled to bail. Per contra, the learned Additional Public Prosecutor submitted that the FSL report is ready and the same would be marked at the time of trial and strongly, opposed to grant bail to the petitioner.

¶27

Heard the learned counsel for the petitioner and the learned Government Additional Public Prosecutor appearing for the respondent and perused the records.

¶28

It is seen that when the trial was about to commence, one of the accused had filed the discharge petition and the said petition was dismissed by the Trial Court on 06.02.2024. When a discharge petition is pending the Court cannot proceed with the Trial. it is because of one of the accused the trial could not be commenced.

¶29

3/5

¶30

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

¶31

CRL OP(MD). No.15163 of 2025

¶32

Considering the fact that the case is now ready for trial, this

¶33

Court is not inclined to grant bail at this stage. However, the Trial Court is directed to complete the trial on or before 30.06.2026. It is further directed that all the accused shall strictly cooperate for conducting of trial.

¶34