R.Charles vs The State Of Tamil Nadu
2025 Latest Caselaw 6319 Mad

Citation : 2025 Latest Caselaw 6319 Mad
Judgement Date : 23 April, 2025

Madras High Court

R.Charles vs The State Of Tamil Nadu on 23 April, 2025

Author: B.Pugalendhi

Bench: B.Pugalendhi

                                                                                   CRL MP(MD) NO. 4278 of 2025
                           BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
                                               DATED: 23-04-2025
                                                     CORAM
                                  THE HONOURABLE MR JUSTICE B.PUGALENDHI


                                         CRL MP(MD) NO. 4278 of 2025
                                                        in
                                           CRL A(MD)NO.404 of 2025

            R.Charles
                                                                                           Petitioner(s)
                                                        Vs
            The State of Tamil Nadu
            Rep by The Inspector of Police,
            Thoothukudi South Police Station,
            Thoothukudi District.
            Crime No. 397/2022
                                                                                       Respondent(s)

            For Petitioner(s):
            Mr.R.Anand

            For Respondent(s):
            Mr.T.Senthil Kumar
            Additional Public Prosecutor

                                                     ORDER

The petitioner is the second accused in Crime No.397 of 2022. He was tried for the

offence under the provisions of the NDPS Act. The trial Court, in conclusion of the

trial, found him guilty for the offence u/s.8(c) r/w 20(b)(ii)(C) of NDPS Act,

convicted and sentenced him to undergo rigorous imprisonment for ten years and

to pay a fine of Rs.1,00,000/-, i/d to undergo simple imprisonment for one year.

Challenging the judgment of conviction and sentence, the petitioner has filed

Crl.A(MD)No.404 of 2025 and the same was admitted by this Court on 01.04.2025.


            The petitioner has also moved
https://www.mhc.tn.gov.in/judis               this
                                     ( Uploaded       application
                                                on: 24/04/2025           seeking
                                                               07:24:58 pm )     to suspend the sentence
            imposed as against him.

2.Learned Counsel for the petitioner submitted that the sentence imposed as

against the accused 4 & 5 was suspended by this Court by order dated 12.09.2024

in Crl.MP(MD)Nos.5441, 5442 of 2024 in Crl.A(MD)Nos.60, 79 of 2024. He further

submitted that the sentence imposed as against the third accused, who is similarly

placed as that of the petitioner herein / second accused, was also suspended by

this Court by order dated 18.02.2025 in Crl.MP(MD)No.943 of 2025 in

Crl.A(MD)No.107 of 2025. The petitioner is in jail from the date of arrest on

04.06.2022. Therefore, he prayed for parity.

3.Learned Additional Public Prosecutor submitted that the petitioner was present

in the place of occurrence and was arrested along with the first accused. Though

the contraband was recovered from the first accused, the petitioner was found

along with the first accused and therefore, he is having conscious possession of

the contraband. Therefore, he raised serious objection for suspending the

sentence.

4.This Court considered the rival submissions made on either side.

5.Though the learned Additional Public Prosecutor has raised objections, those

aspects have already been considered by this Court while entertaining the

application filed by the third accused in Crl.MP(MD)No.943 of 2025 in

https://www.mhc.tn.gov.in/judis ( Uploaded on: 24/04/2025 07:24:58 pm ) Crl.A(MD)No.107 of 2025, who, admittedly, is similarly placed as that of the

petitioner herein / second accused. The investigation agency has not collected any

materials connecting this petitioner with the first accused.

6.Considering the materials placed as against this petitioner, the suspension of

sentence granted to the accused nos.3 to 5, considering that the petitioner is

having some arguable points in the appeal and the appeal could not be taken up

in the near future and also considering the period of incarceration of the

petitioner, this Court is inclined to suspend the sentence imposed on this

petitioner with certain conditions.

7.Accordingly, this criminal miscellaneous petition is allowed and the substantive

sentence of imprisonment alone is suspended pending disposal of the criminal

appeal and the petitioner is ordered to be enlarged on bail on the following

conditions:-

i. The petitioner shall execute a bond for a sum of Rs.25,000/- (Rupees Twenty

Five Thousand only) with two sureties each for a like sum to the satisfaction

of the learned Judge, I Additional Special Court for NDPS Act Cases,

Madurai.

ii. Of the two sureties, one surety should be respectable person in the Society,

having a permanent business establishment.

iii.The petitioner as well as sureties shall file an affidavit of undertaking before

the respondent Police that the petitioner will not misuse the liberty granted https://www.mhc.tn.gov.in/judis ( Uploaded on: 24/04/2025 07:24:58 pm ) to him and indulge in any further offence.

iv.The trial Court shall accept the surety amount only on payment of fine

amount imposed as against this petitioner.

v. The petitioner shall stay at Trichy and report before the Inspector of Police,

Lalgudi Police Station, Trichy, daily at 10.30 am, till the disposal of the

appeal.

vi.In the event, if the petitioner violates any of the above conditions, it is open

to the respondent Police to file an application for cancellation of the

suspension granted to him.