Madras High Court
Periyannakumar vs The State Of Tamilnadu Rep By The … on 15 July, 2026
Author: B.Pugalendhi
Bench: B.Pugalendhi
CrlMP(MD)No.10097 of 2026
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 15.07.2026
CORAM:
THE HONOURABLE MR.JUSTICE B.PUGALENDHI
CrlMP(MD)No.10097 of 2026
in
CrlA(MD)No.608 of 2026
Periyannakumar ...Petitioner
Vs
State of Tamil Nadu rep by
the Inspector of Police,
SS Colony Police Station,
Madurai District.
[Crime No.52 of 2023] ... Respondent
PRAYER: Petition filed under Section 430(1) of BNSS, to suspend the
sentence imposed by the I Additional Special Court for NDPS Act Cases,
Madurai district in CC.No.523 of 2023 dated 17.04.2025 and enlarge the
appellant on bail pending the disposal of the above said criminal appeal.
For Petitioner : Mr.Veera Raghul
For Respondent : Mr.V.Moushica,
Government Advocate (Crl Side)
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CrlMP(MD)No.10097 of 2026
ORDER
The petitioner is accused No.2 in C.C.No.523 of 2023 on the file
of the I Additional Special Court for NDPS Act Cases, Madurai.
He has tried along with another person that they were in possession of 23
Kgs of ganja. By judgment dated 17.04.2025, the petitioner was found
guilty for the offence under Section 8(c) r/w 20(b)(ii)(C) of NDPS Act
and convicted and sentenced to undergo rigorous imprisonment for 12
years and to pay a fine of Rs1,00,000/-, in default, to undergo simple
imprisonment for a period of two years. Challenging the judgment of
conviction and sentence, the petitioner has filed an appeal in
Crl.A(MD)No.608 of 2026 and the same was admitted by this Court on
04.06.2026. This petition is filed by the petitioner seeking to suspend the
sentence imposed by the trial Court pending the appeal.
2.The learned counsel for the petitioner submits that the petitioner
was sentenced to undergo 12 years imprisonment. He was arrested on
14.01.2023 and he is in jail for the past 3 ½ years. The learned counsel by
referring to the recent judgment of this court in CrlA(MD)Nos.212 of
2020, etc., dated 15.10.2025 submits that the quantity involved in this
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CrlMP(MD)No.10097 of 2026
case is 23kgs and this court by considering the manner in which the
contraband is measured by the police, has observed as under:
“23.14.8.In all these cases there is some
ambiguity whether the seized ganja was weighed
excluding the weight of the bag, stalk, stem, luxuriant
leaves or only flowering or fruiting tops of the cannabis
plant. Even in the report there is no whisper about the
presence of the Tetrahydrocannabinol as chief
intoxicating ingredient. Therefore, considering the overall
circumstances and also taking into account that the
appellants are confined in prison without bail from the
date of arrest, during the trial and pendency of these
appeals, this court holds that conviction cannot be
recorded on ambiguity about the exact weight of the drug
containing parts of the hemps as defined under the
definition of ganja in these border cases namely cases
covered between 21 kg to 25 kg.”According to the prosecution 23 kgs of ganja is recovered in this case,
but the contraband may also contain stalk, stem, leaves. It is not clear
whether they have excluded from measurement. Therefore the learned
counsel seeks bail to the petitioner.
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CrlMP(MD)No.10097 of 2026
3.The learned Government Advocate submits that the petitioner is
member of one Saba @ Sabarathinam gang. He is involved in 11 cases.
Apart this case, he was found guilty in similar offence in Crime No.652
of 2019 on the file of the Theppakulam Police Station, Madurai and
sentenced to undergo 10 years rigorous imprisonment by judgment dated
07.05.2024 by the Special Court EC and NDPS Act Cases, Madurai.
Therefore, the learned Government Advocate submits that the petitioner
has been remanded in yet another case, wherein he was convicted for a
period of 10 years for the similar offence. The learned Government
Advocate has also furnished the details of antecedents of the petitioner.
Sl. Name of the
Crime No. offences
No Police Station
Section 120(b), 148, 149,
302,307,324,326,341,435,5
06(ii) IPC, Section 3(2)(v)
1 Theppakulam PS 1273 of 2013
of SC/ST Act and Section 4
of TNPPDL Act – trial
pending
Section 392, 397, 506(ii)
2 Avaniyapuram PS 855 of 2016
IPC - acquitted
Section 392, 397, 506(ii) of
3 Keeraithurai PS 554 of 2016
IPC -acquitted
Section 294(b), 323, 324,
4 Theppakulam PS 1417 of 2016
506(ii) IPC – acquitted
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CrlMP(MD)No.10097 of 2026
Sl. Name of the
Crime No. offences
No Police Station
Section 75 TNCP Act –
5 Keeraithurai PS 605 of 2017
convicted
Madurai City
6 72 of 2017 229(A) IPC – Disposed
Anna Nagar PS
8(c) r/w 20 (b)(ii) (C), 25,
7 Theppakulam PS 652 of 2019 29(1) NDPS Act –
convicted for 10 years
Section 147,152,186,336
IPC 45(1), 45(2), 45(3)
8 Karimedu PS 358 of 2019 Prisons Act @ 147, 152,
186, 336, 353 IPC and
Section 3 of TNPPDL Act
Section 120(b), 148, 149,
Madurai District
9 80 of 2022 302, 34, 341, IPC – Trial
Kadupatti PS
pending
Section 8 (c) r/w 20(b)(ii)
10 Avaniyapuram PS 403 of 2021 (C), 29(1) NDPS Act – Not
taken on file
Section 3, 4(a) IES Act –
11 Keeraithurai PS 877 of 2021 Final report filed through e-
filing
4.Out the cases mentioned above, two cases are registered for the
offence under Section 302 IPC. The learned Government Counsel points
out that in Theppakulam Police Station in Crime No.1273 of 2013, the
final report has already been filed and the same in pending in
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CrlMP(MD)No.10097 of 2026
SplSC.No.17 of 2020 and due to non- co-operation of the accused, the
trial could not be completed. The case is posted on 21.07.2026.
Therefore, the learned Government Advocate submits that if the
petitioner is released on bail, the petitioner would not be available for
trial in the murder cases pending from the year 2013.
5.This court has considered the rival submissions made.
6.The petitioner, apart from the present case, has involved in
several cases. Of which, two cases are registered for the offence under
Section 302 IPC in Crime No.1273 of 2013 on the file of the
Theppakulam PS, Madurai and in Crime No.80 of 2022 on the file of the
Kadupatti PS, Madurai. For the murder case registered in the year 2013,
the final report has been filed in the year 2020. If the murder case is
prosecuted for a period of 13 years, the victims / defacto complainant
may get demoralised by this time and it is not known whether witnesses
would be available for trial.
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CrlMP(MD)No.10097 of 2026
7.It is reported that the trail in Spl SC.No.17 of 2020
(Crime No.1273 of 2013 on the file of the Theppakulam PS, Madurai) is
posted on 21.07.2026.
8.In view of the above, this court expects a report from the
Commissioner of Police, Madurai as to the reasons for the delay in
prosecuting the case in Crime No.1273 of 2013 on the file of the
Theppakulam PS, Madurai and in Crime No.80 of 2022 on the file of the
Kadupatti PS, Madurai.
Post on 24.07.2026
15.07.2026
DSK
To
1. I Additional Special Court for
NDPS Act Cases, Madurai.
2.The Inspector of Police,
SS Colony Police Station,
Madurai District.
3.The Commissioner of Police,
Madurai.
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CrlMP(MD)No.10097 of 2026
Copy to
The Additional Public Prosecutor,
Madurai Bench of Madras High Court,
Madurai.
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CrlMP(MD)No.10097 of 2026
B.PUGALENDHI.J.,
DSK
CrlMP(MD)No.10097 of 2026
in
CrlA(MD)No.608 of 2026
15.07.2026
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