Gobi v. The State of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :17.04.2026 CORAM: THE HONOURABLE MR.JUSTICE B.PUGALENDHI Crl.MP(MD) No.17671, 17680, 17711, 11147 of 2025 & 7316 of 2026 in Crl.M.P.(MD).No.17671 of 2025 Gobi

... Petitioner Vs The State of Tamil Nadu Rep. by The Inspector of Police Subramaniyapuram Police Station Madurai (Crime No. 116/2021) ... Respondent Prayer in Crl.M.P.(MD).No.17671 of 2025 :- This Criminal Miscellaneous Petition is filed under Section 430(1) of BNSS, 2023 to suspend the sentence of imprisonment imposed on the petitioner in C.C.No. 388/2021 by the Learned I Addl. Special Court Under NDPS ACT, Madurai dated 12.05.2023 and enlarge the petitioner on bail pending disposal of the Criminal Appeal. For Petitioner : Mr.S.Senthil Kumar For Respondent : Mr.T.Senthil Kumar Additional Public Prosecutor Crl.M.P.(MD).No.17680 of 2025 Surya @ Keerathuraisurya

... Petitioner Vs The State of Tamil Nadu Rep. by The Inspector of Police Subramaniyapuram Police Station Madurai (Crime No. 116/2021) ... Respondent Prayer in Crl.M.P.(MD).No.17680 of 2025 :- This Criminal Miscellaneous Petition is filed under Section 430(1) of BNSS, 2023 to suspend the sentence of imprisonment imposed on the petitioner in C.C.No. 388/2021 by the Learned I Addl. Special Court Under NDPS Act, Madurai dated 12.05.2023 and enlarge the petitioner on bail pending disposal of the Criminal Appeal. For Petitioner : Mr.S.Senthil Kumar For Respondent : Mr.T.Senthil Kumar Additional Public Prosecutor Crl.M.P.(MD).No.17711 of 2025 Deepak Raja @ Kutta Karuvayan

... Petitioner Vs The State of Tamil Nadu Rep. by The Inspector of Police, Subramaniyapuram Police Station, Madurai. (Crime No. 116/2021) ... Respondent Prayer in Crl.M.P.(MD).No.17711 of 2025 :- This Criminal Miscellaneous Petition is filed under Section 430(1) of BNSS, 2023 to suspend the sentence imposed on the petitioner / Appellant / Accused No.7 namely Deepak Raja @ Kutta Karuvayan, S/o. Palaniyandavar, passed by the Learned I Additional Special court for NDPS Act Cases, Madurai in CC No.388/2021 dated 12.05.2023 and enlarge the petitioner on bail pending disposal of the Criminal Appeal. For Petitioner : Mr.M.Jegadeesh Pandian For Respondent : Mr.T.Senthil Kumar Additional Public Prosecutor Crl.M.P.(MD).No.11147 of 2025 Lakshmanan @ Thalumbu Lakshmanan ... Petitioner Vs The State of Tamil Nadu Rep. by The Inspector of Police, Subramaniyapuram Police Station, Madurai. (Crime No. 116/2021) ... Respondent Prayer in Crl.M.P.(MD).No.11147 of 2025 :- This Criminal Miscellaneous Petition is filed under Section 430(1) of BNSS, 2023 to suspend the sentence imposed on the petitioner in C.C.No. 388/2021 vide judgement dated 12.05.2023 on the file of the Learned Ist Additional Special Court for N.D.P.S. Act cases, Madurai and enlarge the petitioner on bail pending disposal of the Criminal Appeal. For Petitioner : Mr.M.Vivek Kumar For Respondent : Mr.T.Senthil Kumar Additional Public Prosecutor Crl.M.P.(MD).No.7316 of 2026 Chithraivel @ Surya

... Petitioner Vs The State of Tamil Nadu Rep. by The Inspector of Police, Subramaniyapuram Police Station, Madurai District. (Crime No.116/2021) ... Respondent Prayer in Crl.M.P.(MD).No.7316 of 2026 :- This Criminal Miscellaneous Petition is filed under Section 430(1) of BNSS, 2023, to suspend the sentence imposed against myself in CC No.388/2021 dt.12.05.2023 passed by the learned I Addl Special Court for NDPS Cases, Madurai and enlarge the petitioner on bail pending disposal of the above appeal and pass such further or others. For Petitioner : Mr.R.Vignesh For Respondent : Mr.T.Senthil Kumar Additional Public Prosecutor C O M M O N O R D E R The petitioners are the Accused Nos.1, 2, 4, 5 and 6 in C.C.No. 388 of 2021 on the file of the I Additional Special Court for NDPS Act cases, Madurai. They were tried for the offences under Sections 8(c) r/w. 20(b)(ii)(C), 25, 29(1) of NDPS Act and 25(1)(B)(b) of Arms Act that the accused persons were found in possession of 40 kgs. of ganja along with knifes and aruval. After the trial, the trial Court, by its Judgment dated

12.05.2023, found the accused persons guilty for the offences under Section 8(c) r/w. 20(b)(ii)(C) of NDPS Act and Section 25(1-B)(b) of Arms Act, convicted and sentenced them as under: Sl.No Sections Punishment Fine amount Default

¶18(c) r/w. 20(b)(ii)(C) of NDPS Act 10 years rigorous imprisonment each Rs.1,00,000/- each 12 months simple imprisonment each

¶225(1-B)(b) of Arms Act One year imprisonment each Rs.5,000/- each - Challenging the Judgment of conviction and sentence, the petitioners have filed separate appeals before this Court i.e, Crl.A(MD) Nos.1238, 1240, 1242, 263 & 182 of 2025 respectively. Now, the petitioners have moved these petitions seeking to suspend the sentence imposed by the trial Court.

¶2This is the 2nd petition for the accused Nos.1 and 4. The earlier petitions filed by them in Crl.M.P.(MD)Nos.1871 and 2654 of 2025 in Crl.A.(MD)Nos.182 and 263 of 2025 were not considered by this Court and closed, by a common order dated 08.04.2025. Now, these petitions have been moved on the ground that the petitioners have almost completed half of the sentence imposed by the trial Court.

¶3The learned counsel appearing for the petitioners submitted that the sentence period is for ten years and the petitioners are in jail for nearly five years and therefore, they have completed half of their sentence period. The learned counsels have also pointed that the accused No.3 in this case, who is similarly placed as that of the petitioners, have already been enlarged on bail, by suspending the sentence, by this Court in Crl.M.P.(MD).No.11430 of 2023 in CrlA.(MD).No.705 of 2023, dated

09.04.2026. Therefore, the relief granted to the Accused No.3 can also be extended to the petitioners, who are similarly placed accused persons.

¶4The learned Additional Public Prosecutor raised serious objections stating that the petitioners are gangsters and they were arrested with contraband. Apart from this case, the accused Nos.1, 2 and 6 are having several previous cases to their credit. The details of the antecedents of accused Nos.1, 2 and 6 are extracted as follows: ''Accused No.1 Lakshmanan @ Thalumbu Lakshman

¶1C2 L&O PS Cr.No.880/12 u/s 392, 397, 506(ii) IPC

¶2C2 L&O PS Cr.No.01/14 u/s 294(b), 307, 323, 324, 341, 448, 506(ii) IPC

¶3C2 L&O PS Cr.No.556/15 u/s 392, 397, 506(ii) IPC

¶4C2 L&O PS Cr.No.129/17 u/s 8(c) r/w 20(b)(ii)

(b) of NDPS Act.

¶5C2 L&O PS Cr.No.278/17 u/s 109, 120(b), 147, 148, 149, 294(b), 307, 324, 326, 448, 506(ii) IPC & 4 TNPHW Act.

¶6C2 PS Cr.No.471/18 u/s 120(b), 392, 411, 414 IPC

¶7C2 L&O PS Cr.No.1446/20 u/s 392, 397, 506(ii) IPC.

¶8Mandapam PS Cr.No.141/10 u/s 394 IPC. Accused No.2 Surya @ Keeradurai Surya

¶1B6 PS Cr.No.41/20 u/s 294(b), 341, 392 r/w 397, 506(ii) IPC (NTF)

¶2B6 PS Cr.No.755/18 u/s 147, 148, 294(b), 324, 435, 506(ii) IPC (NTF)

¶3B6 PS Cr.No.667/18 u/s 294(b), 324, 34, 435, 452, 506(ii) IPC (CC 642/22 - Case posted to 27.04.26 for charge framing)

¶4B6 PS Cr.No.16/18 u/s 147, 148, 294(b), 307, 323, 341, 506(ii) IPC (SC 625/18 - Case posted to 27.03.26 for executing A1 NBW Abdul Suban)

¶5E3 Anna Nagar PS Cr.No.517/19 u/s 147, 148, 294(b), 353, 307 IPC & 25 (1) (A) of Arms Act & 5 of IES Act (SC 578/23 - Case posted to 26.03.26 for A4 NBW Jeyasuryaprakash) Crl.MP(MD)oNo.17671,o17680,o17711,o11147oofo2025oandoo7316ooofo2026oin oCrl.A(MD)oNos.1238,o1240,o1242,o263o&o182oofo2025

6.oB6oSouthgateoPSoCr.oNo.762/16ou/so294(b),o 326,o341,o506(ii)oIPCo(Acquittaloono28.11.22oinoCCo178/17) Accused No.6 Deepak Kaja @ Kutta Karuvayan

1.oE1oK.PuduroPSoCr.No.01/14ou/so302,o341,o336o IPCo(JCo51/14o-oCaseopostedotoo17.03.26oforoLw13,oLw14o examine)

2.oD3oKoodalpuduroPSoCr.No.952/20ou/so392,o 397,o506(ii)oIPCo(SCo86/24o-oCaseopostedotoo24.03.26oforo furtherowitnesses)

3.oD2oSelluroPSoCr.No.123/19ou/so120(b),o302,o34,o 392,o397oIPCo(SCo168/20o-oCaseopostedotoo10.04.26oforoLw1o examine)

4.oD2oSelluroPSoCr.No.885/18ou/so387,o506(ii)oIPCo (CCo633/20oCaseopostedotoo18.04.26oforoF/S)

5.oD1oThallakulamoPSoCr.No.1198/20ou/so379o Caseopostedotoo25.05.26oIPCo(CCo887/21oforoLw1otooLw3)

6.oD1oThallakulamoPSoCr.No.42/18ou/so392,o397,o 506(ii)oIPCo(SCoNo.250/21oCaseopostedotoo30.04.26oforo NBWoA1.Markandan)

¶7D1 Thallakulam PS Cr.No.1167/15 u/s 392, 397, 506(ii) IPC (SC No.304/20 Case posted to 01.04.26 for A3 NBW Arunkumar)

¶8D1 Thallakulam PS Cr.No.1968/16 u/s 392, 397, 506(ii) of IPC (NTF)

¶9Alanganallur PS Cr.No.274/19, u/s.397, 34 of IPC (Acquittal on 17.12.2024 in S.C.No.13/2024)''

¶5The learned Additional Public Prosecutor further submitted that in the event, if these petitioners are released on bail, they may indulge in further offence.

¶6This Court considered the rival submissions made by the counsels appearing on either side.

¶7Admittedly, these petitioners are similarly placed accused persons as that of the accused No.3 in C.C.No.388 of 2021. The accused No.3 was already granted bail by suspending the sentence by this Court in Crl.M.P.(MD).No.11430 of 2023 in Crl.A(MD).No.705 of 2023 dated

09.04.2026. The learned counsel appearing for the petitioners have also raised certain arguable grounds, which can be appreciated only during the final hearing. Admittedly, all these petitioners are in jail for the past five years and they have almost completed half of their sentence period.

¶8Though the learned Additional Public Prosecutor has opposed to grant bail to the petitioners, considering the points raised by the petitioners, their period of incarceration and also considering the fact that the appeals could not be taken up for final hearing immediately for want of time and the accused No.3 was already enlarged on bail by suspending the sentence, this Court is inclined to suspend the sentence with certain conditions.

i) The Accused Nos.1, 2 and 6 shall execute a bond for a sum of Rs.2,00,000/- (Rupees Two Lakhs) each with two sureties for a like sum to the satisfaction of the learned Judge, I Additional Special Court for NDPS Act cases, Madurai and the sureties must be Government servants.

ii) The Accused Nos.4 and 5 shall execute a bond for a sum of Rs.1,00,000/- (Rupees one Lakh) each with two sureties for a like sum to the satisfaction of the learned Judge, I Additional Special Court for NDPS Act cases, Madurai.

iii) The petitioners and the sureties shall submit a copy of their Aadhaar Card or any other identity card issued by the Government in proof of their residence address, before the trial Court as well as before the respondent Police. In the event, if there is any change of address, the same shall be intimated to the respondent Police without fail.

iv) The petitioners shall not misuse the liberty granted to them by indulging in any further offence.

v) The persons, who are offering surety to the petitioners must file an affidavit of undertaking before the respondent police, ensuring that the petitioners will not involve in any other offence in future and they will be available during the final hearing of the appeal. The petitioners/accused Nos.1, 2, 4, 5 and 6 shall also file an affidavit to that effect before the respondent Police.

vi) The Accused No.1 shall stay at Chennai and report before the Inspector of Police, Triplicane Police Station, Chennai daily at 10.30 a.m, until further orders.

vii) The Accused No.2 shall stay at Coimbatore and report before the Inspector of Police, Singanallur Police Station, Coimbatore daily at

10.30a.m. until further orders.

viii) The Accused No.6 shall stay at Tiruppur and report before the Inspector of Police, Tiruppur South Police Station, Tiruppur daily at

10.30a.m. until further orders.

ix) The Accused Nos.4 and 5 shall report before the respondent police daily at 10.30a.m. until further orders.

x) If the petitioners violate any of the above conditions, it is open to the respondent police to file an application to cancel the bail granted to them.

17.04.2026 Index : Yes/No Internet : Yes/No gvn Note : Issue order copy on 24.04.2026 To

1.The I Additional Special Court for NDPS Act cases, Madurai.

¶2The Inspector of Police Subramaniyapuram Police Station Madurai.

¶3The Inspector of Police, Triplicane Police Station, Chennai.

¶4The Inspector of Police, Singanallur Police Station, Coimbatore.

¶5The Inspector of Police, Tiruppur South Police Station, Tiruppur.

¶6The Superintendent, Central Prison, Madurai. Copy to The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. Crl.MP(MD)oNo.17671,o17680,o17711,o11147oofo2025oandoo7316ooofo2026oin oCrl.A(MD)oNos.1238,o1240,o1242,o263o&o182oofo2025 B.PUGALENDHI,oJ., gvn CommonoOrderomadeoin Crl.MP(MD)oNo.17671,o17680,o17711,o11147oofo2025o andoo7316ooofo2026o in oCrl.A(MD)oNos.1238,o1240,o1242,o263o&o182oofo2025

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