Madras High Court
Gobi vs The State Of Tamil Nadu on 17 April, 2026
Author: B.Pugalendhi
Bench: B.Pugalendhi
Crl.MP(MD) No.17671, 17680, 17711, 11147 of 2025 and 7316 of 2026 in
Crl.A(MD) Nos.1238, 1240, 1242, 263 & 182 of 2025
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.A(MD) Nos.1238, 1240, 1242, 263 & 182 of 2025
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
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Crl.MP(MD) No.17671, 17680, 17711, 11147 of 2025 and 7316 of 2026 in
Crl.A(MD) Nos.1238, 1240, 1242, 263 & 182 of 2025
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
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Crl.MP(MD) No.17671, 17680, 17711, 11147 of 2025 and 7316 of 2026 in
Crl.A(MD) Nos.1238, 1240, 1242, 263 & 182 of 2025
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.
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Crl.MP(MD) No.17671, 17680, 17711, 11147 of 2025 and 7316 of 2026 in
Crl.A(MD) Nos.1238, 1240, 1242, 263 & 182 of 2025
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
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Crl.MP(MD) No.17671, 17680, 17711, 11147 of 2025 and 7316 of 2026 in
Crl.A(MD) Nos.1238, 1240, 1242, 263 & 182 of 2025
COMMON ORDER
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
8(c) r/w. 10 years Rs.1,00,000/- 12 months
20(b)(ii)(C) rigorous each simple
1.
of NDPS imprisonment imprisonment
Act each each
25(1-B)(b) One year Rs.5,000/- each –
2. of Arms imprisonment
Act eachChallenging 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.
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Crl.MP(MD) No.17671, 17680, 17711, 11147 of 2025 and 7316 of 2026 in
Crl.A(MD) Nos.1238, 1240, 1242, 263 & 182 of 2025
2. This 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.
3. The 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.
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Crl.MP(MD) No.17671, 17680, 17711, 11147 of 2025 and 7316 of 2026 in
Crl.A(MD) Nos.1238, 1240, 1242, 263 & 182 of 2025
4. The 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
1. C2 L&O PS Cr.No.880/12 u/s 392, 397,
506(ii) IPC
2. C2 L&O PS Cr.No.01/14 u/s 294(b), 307, 323,
3. C2 L&O PS Cr.No.556/15 u/s 392, 397,
506(ii) IPC
4. C2 L&O PS Cr.No.129/17 u/s 8(c) r/w 20(b)(ii)
(b) of NDPS Act.
5. C2 L&O PS Cr.No.278/17 u/s 109, 120(b), 147,
6. C2 PS Cr.No.471/18 u/s 120(b), 392, 411,
414 IPC
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Crl.MP(MD) No.17671, 17680, 17711, 11147 of 2025 and 7316 of 2026 in
Crl.A(MD) Nos.1238, 1240, 1242, 263 & 182 of 2025
7. C2 L&O PS Cr.No.1446/20 u/s 392, 397,
506(ii) IPC.
8. Mandapam PS Cr.No.141/10 u/s 394 IPC.
Accused No.2 Surya @ Keeradurai Surya
1. B6 PS Cr.No.41/20 u/s 294(b), 341, 392 r/w
397, 506(ii) IPC (NTF)
2. B6 PS Cr.No.755/18 u/s 147, 148, 294(b), 324,
3. B6 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)
4. B6 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)
5. E3 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)
8/15
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Crl.MP(MD) No.17671, 17680, 17711, 11147 of 2025 and 7316 of 2026 in
Crl.A(MD) Nos.1238, 1240, 1242, 263 & 182 of 2025
6. B6 Southgate PS Cr. No.762/16 u/s 294(b),
326, 341, 506(ii) IPC (Acquittal on 28.11.22 in CC 178/17)
Accused No.6 Deepak Kaja @ Kutta Karuvayan
1. E1 K.Pudur PS Cr.No.01/14 u/s 302, 341, 336
IPC (JC 51/14 – Case posted to 17.03.26 for Lw13, Lw14
examine)
2. D3 Koodalpudur PS Cr.No.952/20 u/s 392,
397, 506(ii) IPC (SC 86/24 – Case posted to 24.03.26 for
further witnesses)
3. D2 Sellur PS Cr.No.123/19 u/s 120(b), 302, 34,
392, 397 IPC (SC 168/20 – Case posted to 10.04.26 for Lw1
examine)
4. D2 Sellur PS Cr.No.885/18 u/s 387, 506(ii) IPC
(CC 633/20 Case posted to 18.04.26 for F/S)
5. D1 Thallakulam PS Cr.No.1198/20 u/s 379
Case posted to 25.05.26 IPC (CC 887/21 for Lw1 to Lw3)
6. D1 Thallakulam PS Cr.No.42/18 u/s 392, 397,
506(ii) IPC (SC No.250/21 Case posted to 30.04.26 for
NBW A1.Markandan)
9/15
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Crl.MP(MD) No.17671, 17680, 17711, 11147 of 2025 and 7316 of 2026 in
Crl.A(MD) Nos.1238, 1240, 1242, 263 & 182 of 2025
7. D1 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)
8. D1 Thallakulam PS Cr.No.1968/16 u/s 392,
9. Alanganallur PS Cr.No.274/19, u/s.397, 34 of
IPC (Acquittal on 17.12.2024 in S.C.No.13/2024)”
5. The learned Additional Public Prosecutor further submitted
that in the event, if these petitioners are released on bail, they may indulge
in further offence.
6. This Court considered the rival submissions made by the
counsels appearing on either side.
7. Admittedly, 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
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Crl.MP(MD) No.17671, 17680, 17711, 11147 of 2025 and 7316 of 2026 in
Crl.A(MD) Nos.1238, 1240, 1242, 263 & 182 of 2025
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.
8. Though 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.
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Crl.MP(MD) No.17671, 17680, 17711, 11147 of 2025 and 7316 of 2026 in
Crl.A(MD) Nos.1238, 1240, 1242, 263 & 182 of 2025
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.
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Crl.MP(MD) No.17671, 17680, 17711, 11147 of 2025 and 7316 of 2026 in
Crl.A(MD) Nos.1238, 1240, 1242, 263 & 182 of 2025
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
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Crl.MP(MD) No.17671, 17680, 17711, 11147 of 2025 and 7316 of 2026 in
Crl.A(MD) Nos.1238, 1240, 1242, 263 & 182 of 2025
To
1.The I Additional Special Court for NDPS Act cases,
Madurai.
2. The Inspector of Police
Subramaniyapuram Police Station
Madurai.
3. The Inspector of Police,
Triplicane Police Station, Chennai.
4. The Inspector of Police,
Singanallur Police Station,
Coimbatore.
5. The Inspector of Police,
Tiruppur South Police Station,
Tiruppur.
6. The Superintendent,
Central Prison,
Madurai.
Copy to
The Additional Public Prosecutor,
Madurai Bench of Madras High Court,
Madurai.
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Crl.MP(MD) No.17671, 17680, 17711, 11147 of 2025 and 7316 of 2026 in
Crl.A(MD) Nos.1238, 1240, 1242, 263 & 182 of 2025
B.PUGALENDHI, J.,
gvn
Common Order made in
Crl.MP(MD) No.17671, 17680, 17711, 11147 of 2025
and 7316 of 2026
in
Crl.A(MD) Nos.1238, 1240, 1242, 263 & 182 of 2025
17.04.2026
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