Mekala v. State of Tamilnadu Rep by Inspector of Police, Elumalai

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 18/02/2026 PRESENT The HONOURABLE MRS. JUSTICE S.SRIMATHY in Crl.OP(MD)No.22934 of 2025 Mekala ... Petitioner/Accused Vs State of Tamilnadu Rep by, The Inspector of Police, Elumalai Police Station, Madurai District. Crime No.11 of 2025. ... Respondent/Complainant For Petitioner : N.Pragalathan, Advocate. For Respondent : Mr.S.S.Manoj Government Advocate (Crl.Side) PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :-C-60. To enlarge the petitioner on Interim Bail for a period of 30 days in Crl.O.P.(MD).No.22934 of 2025. ORDER : The Court made the following order :-

The petitioner who was arrested and remanded to judicial custody on 23.01.2025 by the respondent police for the alleged offences under Sections 8(c) read with 20(b)(ii)(C) of the Narcotic Drugs and Psychotropic Substances Act, 1985, in Crime No.11 of 2025, seeks interim bail.

¶2The case of the prosecution is that the petitioner was found in illegal possession of 24 kgs of Ganja. Hence, the complaint.

¶3The learned counsel for the petitioner submitted that the petitioner has already filed a bail petition in Crl.OP(MD)No.22934 of 2025 and the same was pending before this court. In mean time, the Petitioner's husband passed away due to chronic illness on 07.02.2026 at about 2.00 a.m. As the mortal remains could not be preserved for long for, the purpose of performing the funeral ceremonies, the body of the Petitioner's husband was buried on the very same day. The Petitioner, being the legally wedded wife, is required to perform the last rites

and the subsequent funeral ceremonies in accordance with Hindu customs and rituals in practice. Her presence is indispensable for conducting the said ceremonies, which extend over several days. It is further submitted that the Petitioner is innocent and has no previous criminal antecedents. She has been in incarceration for more than 13 months. Hence, he seeks interim bail to the petitioner.

¶5Taking into consideration of the facts and circumstances of the case and also considering the period of incarceration suffered by the petitioner, this Court is inclined to grant interim bail to the petitioner, from 06.03.2026 to 13.03.2026 for conducting last rites and rituals of her husband, subject to the following conditions:

¶6Accordingly, the petitioner is ordered to be released on interim 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 Special Judge, II-Additional Special

Court for Trial of NDPS Act Cases, Madurai, and on further conditions that :- [a] the petitioner and the sureties shall affix their photographs and left thumb impression in the surety bond and the Magistrate may obtain a copy of their Aadhaar card or bank pass book to ensure their identity; [b] the petitioner is directed to surrender before the Superintendent, Special Prison for Women, Madurai, on

14.03.2026; [c] the petitioner shall not tamper with the evidence or witness either during investigation or trial; [d] the petitioner shall not abscond 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 is

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 9 BNS.

¶7Post the matter for reporting compliance on 16.03.2026.

18.02.2026 PJL TO

¶1Special Judge, II-Additional Special Court for Trial of NDPS Act Cases, Madurai.

¶2The Superintendent, Special Prison for Women, Madurai.

¶3The Inspector of Police, Elumalai Police Station, Madurai District.

¶4The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

S.SRIMATHY,J PJL ORDER IN CRL MP(MD) No.3758 of 2026 in Crl.OP(MD)No.22934 of 2025 Date : 18/02/2026