S.Karuppasamy v. The State of Tamilnadu

Madras HC27 Mar 2025CRL OP(MD)/5754/2025

Case brief

AI extract

What is this about?

CRL.OP(MD) 5754 of 2025; Madurai Bench of Madras High Court; R. Sakthivel, J.; 27.03.2025; pre-arrest bail; Section 482 BNSS 2023; NDPS Act 1985 Sections 8(c), 20(b)(ii)(A); Juvenile Justice Act 2015 Section 77; Crime No.79 of 2025; Vembakkottai PS, Virudhunagar; 100 grams ganja; A2 S. Karuppasamy; no recovery from petitioner; permanent residence; bond Rs.10,000/- two sureties; daily signing twice before JM-II Sattur until further orders; P.K. Shaji v. State of Kerala (2005) 13 SCC 283; petition allowed.

What did the court decide?

Pre-arrest bail granted to the petitioner subject to nine conditions, including execution of a bond of Rs.10,000/- with two sureties each for a like sum, surrender/appearance before the Judicial Magistrate Court-II, Sattur, and twice-daily signing on working days until further orders. ¶¶46

S.Karuppasamy Vs The State of Tamilnadu — Narcotics (NDPS) | Madras HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the petitioner (Accused No.2), apprehending arrest in Crime No.79 of 2025 for offences under Sections 8(c) and 20(b)(ii)(A) of the NDPS Act, 1985 and Section 77 of the Juvenile Justice Act, 2015, is entitled to pre-arrest bail under Section 482 of the BNSS, 2023.

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Court's answer

Pre-arrest bail is granted because the respondent-police recovered no contraband from the petitioner, he has a permanent residence with less possibility of absconding, the quantity of contraband seized in the case was considered, and the grant affords him an opportunity to reform.

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Ratio / Principle

Release is conditional: on arrest or surrender before the Judicial Magistrate Court-II, Sattur, within 15 days of the order copy being made ready, the petitioner shall execute a bond of Rs.10,000/- with two sureties each for a like sum, and shall appear and sign before the learned Judicial Magistrate-II, Sattur, on all working days twice daily (10.30 a.m. and 5.30 p.m.) until further orders, besides standard conditions against tampering, threatening witnesses, leaving India without permission, and furnishing address/mobile number.

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Key takeaways

On breach of any of the bail conditions, the learned Judicial Magistrate or Trial Court is entitled to pass appropriate orders against the petitioner in accordance with law, as laid down by the Supreme Court in P.K. Shaji vs. State of Kerala, (2005) 13 SCC 283.ratio¶¶45

Detailed headnote1 paragraphs

Pre-Arrest Bail — NDPS Act, 1985, Sections 8(c) and 20(b)(ii)(A) with Juvenile Justice Act, 2015, Section 77 — Petitioner arrayed as Accused No.2 in Crime No.79 of 2025, Vembakkottai Police Station, where Accused No.1 was allegedly found with 100 grams of ganja and a juvenile was said to have been engaged to sell the contraband — Prosecution opposed citing 10 prior IPC cases and risk of tampering — Held: no contraband recovered from the petitioner, who has permanent residence and less possibility of absconding; considering the seized quantity and to give him a chance to reform, pre-arrest bail granted under Section 482 BNSS — Conditions: bond of Rs.10,000/- with two sureties each for a like sum before Judicial Magistrate Court-II, Sattur; surrender/arrest event within 15 days; appearance and signing twice daily (10.30 a.m. and 5.30 p.m.) on working days until further orders; bar on inducement, threat to witnesses, tampering and leaving India without permission — Breach actionable by the Magistrate/Trial Court as per P.K. Shaji vs. State of Kerala, (2005) 13 SCC 283 — Petition allowed. Condition (iii) stands as corrected by the Court's order dated 21.04.2025.

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CRL.OP(MD). No.5754 of 2025

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED: 27.03.2025

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PRESENT

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THE HON'BLE MR.JUSTICE R.SAKTHIVEL

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CRL.OP(MD). No.5754 of 2025

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S.Karuppasamy ... Petitioner / Accused No.2

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Vs.

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The State of Tamil Nadu rep by The Inspector of Police, Vembakkottai Police Station, Virudhunagar District. (Crime No.79 of 2025) ... Respondent /Complainant

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PRAYER :- The Criminal Original Petition filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 praying to grant pre-arrest bail to the petitioner in Crime No.79 of 2025 on the file of the respondent police.

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For Petitioner : Mr.S.Selvakrishnan, Advocate

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For Respondent : Mr.R.Meenakshi Sundaram, Additional Public Prosecutor

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ORDER : The Court made the following order :-

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This Criminal Original Petition has been filed by the petitioner on 25.03.2025 under Section 482 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, praying to grant an order of pre-arrest bail.

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

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CRL.OP(MD). No.5754 of 2025

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The petitioner apprehends arrest at the hands of the respondent-police for the offences punishable under Sections 8(c) read with 20(b)(ii)(A) of NDPS Act, 1985 and

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Section 77 of the Juvenile Justice Act, 2015, in Crime No.79 of 2025 on the file of the respondent-police.

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The case of the prosecution is that while the respondent-police were on patrol duty, Accused No.1 was found in possession of 100 grams of ganja. The occurrence is said to have taken place on 17.03.2025, and a case was registered in Crime No. 79 of 2025 on the same day.

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Mr.S.Selvakrishnan, the learned counsel for the petitioner, submits that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution. He further submits that the petitioner has been falsely implicated in this case only based on the confession statement of the co-accused. He however submits that the petitioner is ready to abide by any conditions to be imposed by this Court. Accordingly, he prays to grant an order of pre-arrest bail to the petitioner.

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Per contra, Mr.R.Meenakshi Sundaram, the learned Additional Public Prosecutor appearing for the respondent-police, submits that the petitioner has been arrayed as A2. He further submits that the accused persons engaged a juvenile to sold the contraband. He further submits that there are 10 previous cases against the petitioner which are registered under IPC. He further submits that the investigation

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

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CRL.OP(MD). No.5754 of 2025

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of the case is still pending and therefore, at this stage, if the pre-arrest bail is granted to the petitioner, he will commit similar type of offence and tamper with the evidence. Accordingly, he prays to dismiss this Criminal Original Petition.

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Heard on both sides. This Court has perused the records.

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Considering the fact that the respondent-police has not recovered any contraband from this petitioner. The petitioner has permanent residence. Hence, there is less possibility of absconding. Considering the same and also considering the quantity of the contraband seized in this case and with a view to give one more opportunity to the petitioner to reform himself, this Court is inclined to grant prearrest bail to the petitioner. Accordingly, pre-arrest bail is granted to the petitioner subject to the following conditions:

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(i) The petitioner shall be released on pre-arrest bail in the event of his arrest or in the event of his surrender before the learned Judicial Magistrate Court-II, Sattur, Virudhunagar District, within a period of 15 days from the date on which the order copy is made ready, on executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) along with two sureties each for a like sum of Rs.10,000/- (Rupees Ten Thousand only) to the satisfaction of the learned Judicial Magistrate Court-II, Sattur, Virudhunagar District.

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

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CRL.OP(MD). No.5754 of 2025

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(ii) The sureties shall affix their photographs and left thumb impression in the Application for Suretyship [Judicial Form No.46 annexed to 'The Criminal Rules of Practice, 2019']. The learned Judicial Magistrate shall obtain a copy of any one of identity proofs to ensure their identity.

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(*)(iii) The petitioner shall appear and sign before the learned Judicial Magistrate – II, Sattur, Virudhunagar District, on all working days (twice at 10.30 a.m. and 5.30 p.m.) until further orders.

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(iv) The petitioner shall make himself available for interrogation by a police officer as and when required.

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(v) The petitioner shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer.

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(vi) The petitioner shall also not, directly or indirectly, cause any threat to the defacto complainant and witnesses and shall not tamper the evidence.

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(vii) The petitioner shall not leave India without the previous permission of the Court.

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(viii) The petitioner shall furnish his residential address and mobile number to the concerned Magistrate.

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(ix) On breach of any of the aforementioned conditions, the learned Judicial

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

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CRL.OP(MD). No.5754 of 2025

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Magistrate or Trial Court, as the case may be, is entitled to pass appropriate orders against the petitioner in accordance with law as if the aforementioned conditions are

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imposed by him as laid down by the Hon'ble Supreme Court in P.K. Shaji vs. State of Kerala [(2005) 13 SCC 283].

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