[Cites 2, Cited by 0]
Madras High Court
Muthalif vs The State Of Tamil Nadu Represented By on 6 March, 2026
Author: B.Pugalendhi
Bench: B.Pugalendhi
CrlMP(MD)No.4222 of 2026
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 06.03.2026
CORAM:
THE HONOURABLE MR.JUSTICE B.PUGALENDHI
CrlMP(MD)No.4222 of 2026
in
CrlA(MD)No.355 of 2025
Muthalif ...Petitioner
Vs
The State of Tamil Nadu Represented by,
the Inspector of Police,
Nagamalaipudukottai Police Station,
Madurai District.
[Crime No.33 of 2023] ... Respondent
PRAYER: Petition filed under Section 430 of BNSS, to suspend the
sentence imposed on the petitioner by the learned Additional District
Judge, Principal Special Court for EC and NDPS Act Cases, Madurai by
its judgment in CC.No.809 of 2023 dated 23.01.2025 and enlarge him on
interim bail for a period of three months on medical and humanitarian
grounds pending disposal of the criminal appeal.
For Petitioner : Mr.S.Srikanth
For Respondent : Mr.T.Senthil Kumar,
Additional Public Prosecutor
1/6
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CrlMP(MD)No.4222 of 2026
ORDER
The petitioner is accused No.2 in CC.No.809 of 2023 on the
file of the learned Additional District Judge, Principal Special Court for
EC and NDPS Act Cases, Madurai. He was tried along with other
accused and by judgment dated 23.01.2025, the petitioner has been
found guilty, convicted for the offence under Sections 8(c) r/w 20(b)
(ii)(c) of NDPS Act and sentenced to undergo 10 years rigorous
imprisonment with a fine of Rs.1,00,000/- in default to undergo six
months simple imprisonment. As against the conviction and sentence
imposed by the trial Court, this petitioner has filed an appeal before
this Court in Crl.A(MD) No.335 of 2025 and the same has been
admitted by this Court. The petitioner has also moved this petition
seeking interim bail.
2.The petitioner has filed this petition seeking interim bail on
the ground that his four years old female child is suffering from
autism and she is also having a genetic disorder. She has been
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admitted in the Medical College Hospital, Thiruvanathapuram,
Kerala.
3.The learned Counsel for the petitioner submits that the
petitioner's daughter was diagnosed to have umbilical hernia, due to
which she is unable to pass stool in a natural way and the paediatric
surgeon has suggested to conduct a surgery and it is scheduled on
11.03.2026.
4.Considering the above submission, this court by order dated
25.02.2026 directed the respondent police to ascertain the same and
to report before this court.
5.The learned Additional Public Prosecutor by referring to the
report of the Inspector of Police submits that the averments made by
the petitioner are true and the petitioner's daughter is undergoing
treatment and the surgery is scheduled on 11.03.2026 at Kerala.
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6.This court considered the rival submissions made and
perused the material placed on record.
7.Considering the medical grounds raised by the petitioner and
the report of the respondent, this Court is inclined to allow this
petition.
8.Accordingly this petition is allowed on the following
conditions:
(i) The petitioner is ordered to be enlarged on bail from
09.03.2026 to 23.03.2026, on executing a bond for Rs.50,000/-
(Rupees Fifty Thousand) with two sureties each for a like sum, to
the satisfaction of the learned Additional District Judge, Principal
Special Court for EC and NDPS Act Cases, Madurai.
(ii) The petitioner shall not misuse this liberty and shall not
indulge in any further offence.
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(iii) The petitioner shall report before the Kundara police
Station, Kollam daily.
(iv) The petitioner shall surrender on 24.03.2026.
06.03.2026
Index : Yes / No
DSK
Note: Issue Order copy today
To
1.The Inspector of Police,
Nagamalaipudukottai Police Station,
Madurai District.
2.Additional District Judge,
Principal Special Court for EC and NDPS Act Cases,
Madurai.
3.The Superintendent,
Central Prison, Madurai.
Copy to
1.The Additional Public Prosecutor,
Madurai Bench of Madras High Court,
Madurai.
2.The Station House Officer,
Kundara Police Station,
Kollam, Kerala.
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B.PUGALENDHI.J.,
DSK
06.03.2026
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