[Cites 18, Cited by 0]

Madras High Court

Baskaran vs The State Of Tamilnadu, Rep. By The ... on 15 April, 2026

Author: B.Pugalendhi

Bench: B.Pugalendhi

                                                                      Crl.M.P.(MD)Nos.10145 and 10229 of 2025

                                                                   in Crl.A.(MD)Nos.277 of 2024 and 827 of 2025




                          BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                    DATED: 15.04.2026

                                                        CORAM

                                  THE HONOURABLE MR JUSTICE B.PUGALENDHI

                                       Crl.M.P.(MD)Nos.10145 and 10229 of 2025

                                     in Crl.A.(MD)Nos.277 of 2024 and 827 of 2025

                Crl.M.P.(MD)No.10145 of 2025

                Baskaran                                                                 ... Petitioner

                                                          versus

                The State of Tamilnadu, Rep. by
                The Inspector of Police,
                Mathichiyam Police Station,
                Madurai.                                                                 ... Respondent

                          Petition filed under Section 430(1) of BNSS to suspend the sentence
                imposed against the petitioner in C.C.No.511 of 2021 dated 13.03.2024 passed
                by the I Additional Special Court for NDPS Act Cases, Madurai and enlarge the
                petitioner on bail pending disposal of the above appeal.


                                   For Petitioner    : Mr.C.Karuppasamy Pandiyan

                                   For Respondent    : Mr.T.Senthil Kumar,
                                                       Additional Public Prosecutor

                1/10




https://www.mhc.tn.gov.in/judis
                                                                     Crl.M.P.(MD)Nos.10145 and 10229 of 2025

                                                                  in Crl.A.(MD)Nos.277 of 2024 and 827 of 2025

                Crl.M.P.(MD)No.10229 of 2025

                Alva @ Uma Maheswaran                                                   ... Petitioner

                                                         versus

                The State of Tamilnadu, Rep. by
                The Inspector of Police,
                Mathichiyam Police Station,
                Madurai.                                                                ... Respondent

                          Petition filed under Section 430(1) of BNSS to suspend the sentence
                imposed against the petitioner in C.C.No.511 of 2021 dated 13.03.2024 passed
                by the learned I Additional District and Sessions Judge, Special Court for NDPS
                Act Cases, Madurai and enlarge the petitioner on bail pending disposal of the
                above appeal.


                                  For Petitioner    : Mr.P.Suresh

                                  For Respondent    : Mr.T.Senthil Kumar,
                                                     Additional Public Prosecutor


                                                   COMMON ORDER

The petitioners are accused Nos.5 and 3 respectively in C.C.No.511 of

2021 on the file of the I Additional District and Sessions Judge, Special Court

for NDPS Act Cases, Madurai. They were tried along with four other accused

https://www.mhc.tn.gov.in/judis Crl.M.P.(MD)Nos.10145 and 10229 of 2025

in Crl.A.(MD)Nos.277 of 2024 and 827 of 2025

for the offence under Section 8(c) r/w. 20(b)(ii)(C) and 29(1) of NDPS Act that

the accused Nos.1 and 2 were found in possession of 30 kgs. of ganja having

purchased from Andhra Pradesh through accused Nos.3 to 6. After the trial,

the trial Court, by its Judgment dated 13.03.2024, found the accused Nos.1 to 3

and 5 guilty, convicted and sentenced them to undergo rigorous imprisonment

for 10 years each and to pay a fine of Rs.1,00,000/- each, in default to undergo

simple imprisonment for 12 months each. Challenging the Judgment of

conviction and sentence, the petitioners have filed appeals before this Court in

Crl.A.(MD)Nos.277 of 2024 and 827 of 2025 respectively and the same were

admitted on 07.06.2024 and 04.08.2025.

2. Insofar as the 3rd accused is concerned, this is the first petition filed by

him. Insofar as the 5th accused is concerned, this is the 3rd petition filed by him.

The 1st petition filed by the 5th accused in Crl.M.P.(MD)No.3978 of 2024 was

dismissed by this Court on 20.09.2024 and the 2nd petition filed by the 5th

accused in Crl.M.P.(MD)No.3158 of 2025 was withdrawn on 08.04.2025.

3. The learned counsel appearing for the petitioners submit that the

petitioners have been implicated only through the confession statement of the

https://www.mhc.tn.gov.in/judis Crl.M.P.(MD)Nos.10145 and 10229 of 2025

in Crl.A.(MD)Nos.277 of 2024 and 827 of 2025

accused No.2 and the similarly placed accused persons, namely, accused Nos.4

and 6 were acquitted by the trial Court. According to them, the petitioners are

in jail for more than four years and one month. Therefore, they seek for

suspending the sentence against the petitioners.

4. The learned Additional Public Prosecutor strongly opposed the

petitions stating that apart from this case, the accused No.3 is involved in four

other cases, out of which, two cases are pending trial and in one case, he was

acquitted and in another case relating to the offence under NDPS Act, he was

convicted by the Court. The details of the previous cases are as follows:

(i) E2 – Police Station - Crime No.255/2019 – u/s. 294(b),

341, 302, 506(ii) IPC and 147, 148, 294(b), 341, 302 IPC –

Pending Trial.

(ii) E2 – Police Station – Crime No.327/2017 – u/s. 392

r/w. 397, 506(ii) IPC – Pending Trial.

(iii) E2 – Police Station – Crime No.1456/2020 – u/s. 392

r/w. 397 & 506(ii) IPC – acquitted.

(iv) Cr.No.137/2021 – u/s. 8(c) r/w. 20(b)(ii)(C) and 29(1)

NDPS Act – convicted.

https://www.mhc.tn.gov.in/judis Crl.M.P.(MD)Nos.10145 and 10229 of 2025

in Crl.A.(MD)Nos.277 of 2024 and 827 of 2025

5. The learned Additional Public Prosecutor further submits that the 5th

accused is also involved in 13 previous cases, out of which, three cases are

relating to 302 IPC offence and in one murder case, he was acquitted by the

Court. In the remaining cases, five cases are pending trial. The details of the

previous cases are as under:

(i) E-3 Police Station – Cr.No.1082/12 – u/s. 307 IPC – acquitted.

(ii) E-3 Police Station – Cr.No.361/15 – u/s. 147, 148, 324, 506(ii) – PT

20.04.2026 for L.W.1 to 4

(iii) E2 Police Station – Cr.No.888/2015 u/s.147, 148, 302 IPC PT –

16.03.2026 for L.W.17, 18, 19, 22 to 28.

(iv) E2 Police Station – Cr.No.312/2017 u/s. 147, 148, 294(b), 307, 324,

506(ii) IPC – PT – 18.04.2026 F/s.

(v) E2 Police Station – Cr.No.738/2017 u/s. 147, 148, 294(b), 326,

506(ii) IPC – acquitted.

(vi) Poovanthi Police Station – Cr.No.105/2016 u/s. 120(b), 34, 397 IPC.

(vii) B1 Police Station – Cr.No.1003/2019 u/s. 392 r/w. 397, 506(ii) IPC

– acquitted.

(viii) E-2 Police Station – Cr.No.1279/2020 u/s. 397, 506(ii) IPC – PT –

https://www.mhc.tn.gov.in/judis Crl.M.P.(MD)Nos.10145 and 10229 of 2025

in Crl.A.(MD)Nos.277 of 2024 and 827 of 2025

10.04.2026 NBW Pending.

(ix) E-2 Police Station Cr.No.1324/2020 u/s. 212, 294(b), 307, 341,

506(ii) IPC – PT – 10.04.2026 A2 NBW

(x) E3 Police Station Cr.No.1672 / 2016 u/s. 147, 148, 302 IPC r/w.

SC/ST Act – acquitted.

(xi) Covai Sirumugai Police Station – Cr.No.230/2022 u/s. 302 IPC @

109, 120(b), 147, 148, 341, 294(b), 506(ii) IPC , 302 IPC.

(xii) Sivagangai Police Station – Cr.No.264/23 u/s. 229(A) IPC.

(xiii) E2 Police Station Cr.No.352/23 u/s. 294(b), 392, 397, 506(ii) IPC

PT 18.04.2026 – Fresh summon.

6. This Court considered the rival submissions made.

7. The petitioners have been implicated only through the confession

statement of the 2nd accused. It is reported that the accused Nos.4 and 6, who

were similarly placed persons, were acquitted by the trial Court. The learned

Additional Public Prosecutor has raised serious objection that both the accused

are having previous cases to their credit as stated above.

https://www.mhc.tn.gov.in/judis Crl.M.P.(MD)Nos.10145 and 10229 of 2025

in Crl.A.(MD)Nos.277 of 2024 and 827 of 2025

8. Though the learned Additional Public Prosecutor has opposed to grant

bail to the petitioners, considering the period of incarceration undergone by the

petitioners and also considering the fact that the appeals could not be taken up

for final hearing immediately for want of time and the accused Nos.4 and 6,

who were similarly placed accused persons, were acquitted by the trial Court,

this Court is inclined to suspend the sentence with certain conditions.

9. Accordingly, the substantive sentence of imprisonment alone is

suspended pending disposal of the criminal appeal and the petitioners are

ordered to be enlarged on bail on the following conditions:

(i) The petitioners shall execute a bond for Rs.3,00,000/- (Rupees three

lakh only) each, with two sureties each for a like sum to the satisfaction of the

I Additional Special Court for NDPS Act Cases, Madurai.

(ii) The sureties must be respectable Government Servants. The sureties

shall file an affidavit before the respondent Police, by ensuring that the

petitioners will not indulge in any other offence in future and they will be

available during the appeal proceedings.

(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

https://www.mhc.tn.gov.in/judis Crl.M.P.(MD)Nos.10145 and 10229 of 2025

in Crl.A.(MD)Nos.277 of 2024 and 827 of 2025

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 petitioners shall appear before the respondent Police daily at

10.30 a.m. until the trial in all other cases are completed. They shall also file an

affidavit before the respondent Police that they will not indulge in any other

offence in future and they will be available for trial in other cases pending

against them and they will also be available for appeal proceedings.

(vi) 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.

15.04.2026 ogy