CrlMP(MD)Nos.9137 and 125 of 2026 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 15.06.2026 CORAM: THE HONOURABLE MR.JUSTICE B.PUGALENDHI CrlMP(MD)Nos.9137 and 125 of 2026 in Crl A(MD)No.503 and 4 of 2026 M.Murugan ...Petitioner in both CrlMPs Vs The State of Tamil Nadu, Rep by the Inspector of Police, Cumbum North Police Station, Theni District. [Crime No.488 of 2016] ... Respondent in CrlMP(MD)No.9137 of 2026 The State of Tamil Nadu rep by the Inspector of Police, NIBCI Theni, Theni District. [Crime No.65 of 2017] ... Respondent in CrlMP(MD)No.125 of 2026 PRAYER in CrlMP(MD)No.9137 of 2026: Petition filed under Section 430(1) of Bharatiya Nagarik Suraksha Sanhita, to suspend the sentence imposed on the petitioner vide judgment made in CC.No.174 of 2017, dated 17.07.2025 by the District and Sessions Court for Communal Clash, Madurai and enlarge the petitioner on bail pending disposal of the above criminal appeal. 1/15 https://www.mhc.tn.gov.in/judis CrlMP(MD)Nos.9137 and 125 of 2026 PRAYER in CrlMP(MD)No.125 of 2026: Petition filed under Section 430(1) of Bharatiya Nagarik Suraksha Sanhita, to suspend the sentence imposed on the judgment made in CC.No.305 of 2017 dated 08.09.2025 by the District and Sessions Court for Communal Clash Cases, Madurai and enlarge the petitioner on bail pending disposal of the above criminal appeal. For Petitioner : Mr.K.Prabakaran For Respondent : Mrs.V.Moushica, Government Advocate in both petitions ORDER The petitioner is an accused in CC.No.174 of 2017 [Crime No.488 of 2016] and in CC.No.305 of 2017 [Crime No.65 of 2017] on the file of the District and Sessions Court for Communal Clash, Madurai. 2.The above cases in Crime No.65 of 2017 on the file of the Inspector of Police, NIBCID, Theni and in Crime No.488 of 2016 on the file of the Inspector of Police, Cumbum North Police Station have been registered as against the petitioner for the offence punishable under the provisions of the NDPS Act that this accused was in possession of 30kgs of ganja and 2kgs of ganja respectively. As against the order of the 2/15 https://www.mhc.tn.gov.in/judis CrlMP(MD)Nos.9137 and 125 of 2026 conviction imposed by the trial Court in CC.No.305 of 2017 dated 08.09.2025 and in CC.No.174 of 2017, dated 17.07.2025 the petitioner has filed CrlA(MD)No.4 of 2016 and CrlA(MD)No.9137 of 2026 respectively and they have been admitted by this court. Along the appeals, the petitioner has moved these petitions to suspend the sentence imposed on him. 3.In fact when the petition in CrlMP(MD)No.9137 of 2026 was taken up for hearing, the learned counsel for the petitioner by referring to the petition in CrlMP(MD)No.125 of 2026 in CrlA(MD)No.4 of 2026 submitted that both cases have been foisted as against the petitioner in a similar manner. Therefore, these petitions are taken up together for hearing. 4.The learned counsel for the petitioner by referring to the evidence adduced by the police in both cases has demonstrated that both cases have been registered in a similar manner. Therefore, according to the learned counsel both cases have been foisted for the statistical purposes. In both case, the police claim that the petitioner on seeing the 3/15 https://www.mhc.tn.gov.in/judis CrlMP(MD)Nos.9137 and 125 of 2026 police party left the place of occurrence leaving the contraband. In both cases though 4 police personnel went to the place of occurrence and surrounded the accused, they could not secure the petitioner. In both cases, the narration of the police is that he pushed down the police, escaped and entered into the thorn bush, which is in the eastern side of the occurrence place. However, there was no thorn bush in the place of occurrence. Even according to the police, in the eastern side Nagakanniamman temple, northern side Kombai road, western side coconut grove and southern side Cumbum road are situated. However, the prosecution has created a story, as if the petitioner has pushed down the police and managed to escape by getting into the thorn bush. 5.He further submits that in Crime No.65 of 2017 on the file of the NIB CID, Theni, no rough sketch or mahazar has been prepared by the investigating officer. The case was registered on 19.11.2016. However, it reached the Judicial Magistrate Court only on 31.11.2016 along with form 91 and there is no proper explanation for this delay. The report under Section 57 of the NDPS Act was not marked before the trial court. He also points about the disparity in the evidence with regard to the seal 4/15 https://www.mhc.tn.gov.in/judis CrlMP(MD)Nos.9137 and 125 of 2026 on the seized contraband after its seizure in Crime No.488 of 2016. 6.The learned Government counsel submits that this petitioner was prosecuted for possession of 30kgs of dry ganja in Crime No.65 of 2017 and 2 kgs of ganja in Crime No.488 of 2016. The prosecution has proved its case by examining the witnesses. That apart the petitioner is a habitual offender, having several cases under the NDPS Act to his account. He has also furnished the details of those cases pending against the petitioner. 7.This court has considered the rival submissions made and also perused the materials placed on record. 8.The petitioner is accused in CC.No.174 of 2017 on the file of the District and Sessions Court for Communal Clash, Madurai. By judgment dated 17.07.2025, he was found guilty, convicted and sentenced to undergo 10 years rigorous imprisonment with a fine of Rs.1,00,000/-, in default to undergo 3 years imprisonment for the offence under Sections 8(c) r/w 20(b)(ii)(B) of the NDPS Act. 5/15 https://www.mhc.tn.gov.in/judis CrlMP(MD)Nos.9137 and 125 of 2026 9.The petitioner is also an accused in CC.No.305 of 2017 on the file of the District and Sessions Court for Communal Clash, Madurai. By judgment dated 08.09.2025, he was found guilty, convicted and sentenced to undergo 12 years rigorous imprisonment with a fine of Rs.1,25,000/-, in default to undergo 3 years imprisonment for the offence under Sections 8(c) r/w 20(b)(ii)(C) of the NDPS Act. 10.The petitioner is in jail from 17.07.2025. The learned counsel for the petitioner by referring to the evidence of the Inspector of Police one Mr.Kathiresan in CC.No.305 of 2017 in Crime No.65 of 2017 and in CC.No.174 of 2017 in Crime No.488 of 2016 demonstrated that these cases have been foisted as against the petitioner and the said evidences are extracted hereunder: a)Evidence in CC.No.305 of 2017 in Crime No.65 of 2017 : “ehd; jw;nghJ njdp khtl;lk; cj;jkghisak; fhty; epiyaj;jpy; jiyik fhtyuhf gzpg[hpe;J tUfpnwd;/ fle;j 19/11/2016 md;W 16.15 kzpf;F ehd; fk;gk; tlf;F fhty; epiyaj;jpy; Kjy;epiy fhtyuhf gzpg[hpe;j nghJ ehDk;. vd;Dld; gzpg[hpa[k; Kjy;epiy fhtyh; 1651 uh$Fkhud;. Kjy;epiy fhtyh; 2185 jpU/gujd; Mfpnahh; rhh;g[ Ma;thsUf;F cjtpahf f";rh nuhe;J ghh;l;oahf epakpf;fg;gl;L ufrpa 6/15 https://www.mhc.tn.gov.in/judis CrlMP(MD)Nos.9137 and 125 of 2026 jftyhspa[ld; jFe;j cgfuz';fs; vLj;Jf;bfhz;L fhty; thfdj;jpy; epiyak; tpl;L g[wg;gl;L 17/00 kzpf;F fk;gk; nfhk;ig nuhL. ehffd;dpak;kd; nfhtpYf;F tlf;F gf;fk; cs;s nfhnre;jpu Xil mUfpy; f";rh Fw;wj;jLg;g[ rk;ke;jkhf nuhe;J bra;J tUk; nghJ nkw;go nfhnre;jpu Xilapy; nkw;fpypUe;J fpHf;fhf jiyapy; bts;isepw gpsh!;of; K:l;ilia Rke;jg;go ele;Jte;jtiu v';fs; ufrpa jftyhsp rhh;g[ Ma;thsh; mth;fsplk; milahsk; fhl;otpl;L brd;Wtpl 17/15 kzpf;F rhh;g[ Ma;thsh; mth;fs; me;j egiu jLj;J epWj;jp bgah; tpyhrk; gw;wp tprhhpf;f KUfd; j- bg/khahz;onjth;. cyfj;njth; bjU. fk;gk; vd;W bgah; tpyhrj;ij Twpdhh;/ 17/30 kzpf;F rhh;g[ Ma;thsh; mth;fs; me;j eghplk; c';fsplk; f";rh ,Ug;gjhf jfty; te;Js;sJ/ c';fis nrhjid bra;a mUfpy; cs;s ePjpj;Jiw eLth; mth;fs; Kd;ngh my;yJ murpjH; gjpt[ bgw;w mYtyh; mth;fsplnkh miHj;Jr; brd;W nrhjid bra;a brhy;y c';fSf;F chpik cs;sJ vd;W nfl;lnghJ mth; m';F vy;yhk; bry;y tpUg;gk; ,y;iy vd;W brhy;yptpl;L jiyapy; ,Ue;j gpsh!;of; rhf;F K:l;ilia fPnH nghl;Ltpl;L v';fs; nghyP!; ghh;l;oia js;sptpl;L fpHf;F gf;fkhf ,Ue;j Kl;g[jUf;Fs; Xo jiykiwthfp tpl;lhh;/ gpd; rhh;g[ Ma;thsh; mth;fs; me;j gpsh!;of; rhf;F K:l;ilia gphpj;J ghh;f;f mjDs; ,iy. g{. g{. fha;fSld; cyh;epiyapy; gGg;g[ epwj;jpy; f";rh ,Ue;jJ/ mij jahuhf bfhz;L brd;w Ks; juhR K:yk; vil nghl;L ghh;f;f mJ 30fpnyhfpuhk; f";rh ,Ue;jJ/ mjpypUe;J 100 fpuhk; f";rhit khjphpf;fhf vLj;J fhf;fp fthpy; nghl;L koj;J E}yhy; Rw;wp fl;o SHO rPy; itj;J fhty; epiyak;. rk;gtk; neuk;. ,lk;. rhl;rpfspd; tptuk; 7/15 https://www.mhc.tn.gov.in/judis CrlMP(MD)Nos.9137 and 125 of 2026 vjphpapd; tptuk; rhh;g[ Ma;thsh; ifbahg;gk; vd tptu';fs; ml';fpa mnj nygps; xl;oa[k; nkw;go brhj;jpid ifg;gw;w m';fpUe;j jdpegh; rhl;rpfs; gyiu rhl;rp brhy;y miHj;Jk; ahUk; Kd;tuhjjhy; v';fs; nghyP!; ghh;l;ofs; Kd;dpiyapy; 18/30 kzpf;F mj;jhl;rp jahh; bra;J ifg;gw;wpndhk;/ mjpy; ehDk; Kjy;epiy fhtyh; 1651 uh$Fkhud;. Kjy;epiy fhtyh; 2185 gujd; Mfpnahh;fSk; ifbaGj;J bra;njhk;/ me;j mj;jhl;rp m/rh/M/1 MFk;/ gpd;dh; 19/00 kzpf;F fhty;epiyak; te;J jiykiwt[ vjphp kPJ rhh;g[ Ma;thsh; mth;fs; fk;gk; tlf;F fhty; epiya Fw;w 639-2016/ r-gp 8(C)r/w 20(b)(ii)(C) of NDPS Act d; go tHf;F gjpt[ bra;a ehd; cjtpahf ,Ue;njd;/” b) Evidence in CC.No.174 of 2017 in Crime No.488 of 2016 : “ehd; jw;bghGJ uhag;gd;gl;o fhty;epiyaj;jpy; Kjy;epiy fhtyuhf gzpapy; ,Uf;fpnwd;/ fle;j 30/08/2016 njjpapy; 17/30 kzpastpy; rhh;g[ Ma;thsUf;F cjtpahf ehd; K/ep/fh1651 uh$Fkhud; vd;gtUk;. fk;gk; tlf;F fhty; epiyaj;jpypUe;J f";rh vd;Dk; nghijg;bghUs; Fw;wk; rk;ge;jkhf fhty; thfdj;jpy; ufrpa jftyhspa[ld; epiyaj;jpypUe;J g[wg;gl;L 17/45 kzpf;F fk;gk; nfhk;ig nuhL ehffd;dpak;kd; nfhtpy; mUfpy; nuhe;J bra;J fz;fhzpj;J tUk;bghGJ tlf;fpypUe;J bjw;F nehf;fp jd; ifapy; bts;is epw gpsh!;of; nfhpg;iga[ld; ele;J te;j xU egiu ufrpa jftyhsp milahsk; fhl;otpl;L brd;Wtpl 18/00 kzpf;F rhh;g[ Ma;thhsh; mth;fs; nkw;go egiu epWj;jp bgah;. tpyhrk; gw;wp tprhhpf;f KUfd;. taJ 42 j -bg/khahz;oj;njth;. cyfj;njth; bjU. fk;gk; vd;w bgah; tpyhrj;ij Twpdhh;/ 18/15 kzpf;F nkw;go eghplk; 8/15 https://www.mhc.tn.gov.in/judis CrlMP(MD)Nos.9137 and 125 of 2026 rhh;g[ Ma;thsh; mth;fs; c';fsplk; f";rh ,Ug;gjhf jfty; te;Js;sJ/ c';fis nrhjid bra;a mUfpy; cs;s ePjpj;Jiw eLth; mth;fs; Kd;ngh my;yJ murpjH; gjpt[ bgw;w mjpfhhp Kd;ngh miHj;Jr; brd;W nrhjid bra;Jbfhs;s ckf;F chpik cs;sJ vd mtUila chpikiaf; Fwpj;J vjphpaplk; vLj;J brhd;ndhk;/ mt;thW nfl;Lf; bfhz;oUf;Fk;nghJ nkw;go vjphpahdth; jd; ifapypUe;j gpsh!;of; nfhpg;igia fPnH nghl;Ltpl;L v';fs; nghyP!; ghh;l;oia js;sptpl;L fpHf;F gf;fkhf ,Ue;J Kl;g[jUf;Fs; Xo jiykiwthfptpl;lhh;/ mjd;gpd; nkw;go gpsh!;of; nfhpg;igia gphpj;Jg; ghh;j;nghJ mjDs;ns fhf;fp fyh; ngg;ghpy; bghl;lyk; xd;W ,Ue;jJ/ mijj; jahuhf bfhz;L brd;w Kl;juhrpy; vilnghl;L ghh;f;f ,uz;L fpnyhfpuhk; f";rh ,Ue;jJ/ mjpypUe;J 50fpuhk; f";rhit khjphpf;F vLj;J fhf;fp fthpy; nghl;L koj;J E}yhy; Rw;wp fl;o nghyP!; ghh;l;oapd; Kd;dpiyapy; 18/45 kzpf;F mj;jhl;rp jahh; bra;J rhh;g[ Ma;thsh; mth;fs; f";rhit ifg;gw;wpdhh;/ me;j mj;jhl;rp m/rh/M/1 MFk;/ me;j mj;jhl;rpay; ehDk; vd;Dld; te;j nghyP!; ghh;l;oa[k; ifbahg;gk; bra;njhk;/ mjd;gpd; 19/00 kzpf;F ifg;gw;wpa f";rht[ld; fk;gk; tlf;F fhty;epiyak; te;J jiykiwt[ vjphp KUfd; kPJ Fw;w vz; 488-2016 rl;lg;gphpt[fs; 8(C)r/w 20(b)(ii)(C) of NDPS Act d; go tHf;F gjpt[ bra;a ehd; cjtpahf ,Ue;njd;/ ” 11.Considering the above statements, this court has verified with the learned Government Counsel as to the manner in which the cases 9/15 https://www.mhc.tn.gov.in/judis CrlMP(MD)Nos.9137 and 125 of 2026 have been registered as against the petitioner. The learned Government Counsel after getting necessary instructions from the respondent police justified that ganja has been sold in that particular place and therefore, both cases have been registered with the said averments. 12.The petitioner has been prosecuted that he was in possession 30 kgs of ganja in Crime No.488 of 2026, which is a commercial quantity and therefore, grant of bail is prohibited under Section 37 of NDPS Act and that twin conditions have to be satisfied. The statute prescribes such conditions considering the impact of the narcotic and psychotropic substance in the society. Particularly students and youth are affected due to the drugs. The courts are also very careful in dealing with the cases under the NDPS Act. 13.The petitioner is in jail from the date of conviction in CC.No.174 of 2017, ie., from 17.07.2025. 14.Several cases have been registered as against this petitioner at regular intervals either by the NIB-CID, Theni, Cumbum North Police 10/15 https://www.mhc.tn.gov.in/judis CrlMP(MD)Nos.9137 and 125 of 2026 Station and Cumbum South Police Station. The evidence adduced by the police in both cases creates reasonable doubt, in the manner in which the cases have been foisted as against the petitioner. 15.The learned counsel for the petitioner has demonstrated that in both cases, uniformly it is stated that as if the police officers went and surrounded the particular place and the petitioner could not be secured. Therefore, this court is of the view that this is the story created by the respondent police. This court has not appreciated the evidence in full. However, these materials placed before this court by the petitioner creates reasonable doubt and in the event if the petitioner is an innocent and has not committed any offence, then the court has also committed mistake based on the statements made by the police officers by referring to the quantity of ganja. The personal liberty of the individual is involved in this case. The basic principle of the criminal jurisprudence is that thousands of accused may escape, but one innocent should not be punished. 11/15 https://www.mhc.tn.gov.in/judis CrlMP(MD)Nos.9137 and 125 of 2026 16.The police has justified that offence is committed in that particular place. In that event, the place could have been monitored by the police and this incident could have been prevented. Unfortunately, it has not been done. Uniform has been provided to the police officers to protect the people and it cannot be used for misusing the power and foist false case. Even if the cases are registered for the statistical purposes and if the accused do not defend the cases properly, we may commit an error in detaining them. This court is not in a position to come to the conclusion that this person is an innocent person, considering the number of cases pending against him. Registration of false cases should be avoided considering the consequences on the accused and their family. 17.The petitioner has raised certain arguable points which can be appreciated only during the final hearing of the appeal. However appeals could not be taken up immediately for final hearing. Considering the available materials, period of incarceration and that the appeals could not be taken up immediately for final hearing, these petitions are allowed and the substantive sentence of imprisonment imposed on the petitioner alone is suspended pending disposal of the criminal appeals on the following 12/15 https://www.mhc.tn.gov.in/judis CrlMP(MD)Nos.9137 and 125 of 2026 conditions: (i) The petitioner is ordered to be enlarged on bail on executing a bond for a sum of Rs.1,00,000/- (Rupees One Lakh) with two sureties each for a like sum to the satisfaction of the District and Sessions Court for Communal Clash, Madurai. (ii) The petitioner and the sureties shall file an affidavit before the respondent police that the petitioner will not misuse this liberty and will not indulge in any further offence pending the appeals. (iii) The petitioner shall report before the trial court daily at 10.30am. (iv)If the petitioner changes his residence, it shall be informed to the respondent police immediately. (v)If the petitioner violates any of the conditions, the respondent police shall move an application to cancel the order of suspension of sentence of imprisonment. 15.06.2026 DSK 13/15 https://www.mhc.tn.gov.in/judis CrlMP(MD)Nos.9137 and 125 of 2026 To 1.The District and Sessions Court for Communal Clash Cases, Madurai. 2.The Inspector of Police, Cumbum North Police Station, Theni District. 3.The Inspector of Police, NIBCI Theni, Theni District. 4.The Superintendent, Central Prison, Madurai. Copy to The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. 14/15 https://www.mhc.tn.gov.in/judis CrlMP(MD)Nos.9137 and 125 of 2026 B.PUGALENDHI.J., DSK CrlMP(MD)No.9137 of 2026 in Crl A(MD)No.503 of 2026 15.06.2026 15/15 https://www.mhc.tn.gov.in/judis