Crl.M.P.(MD)No.9648 of 2026 in Crl.A(MD)No.1131 of 2025 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 29.07.2026 CORAM THE HONOURABLE MR JUSTICE B.PUGALENDHI Crl.M.P.(MD)No.9648 of 2026 in Crl.A(MD)No.1131 of 2025 M.Ramar ... Petitioner versus The State of Tamil Nadu, by the Inspector of Police, Chekkanoorani Police Station, Madurai District [Crime No.121 of 2018] ... Respondent Petition filed under Section 430(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023, to suspend the sentence imposed by the I Additional Special Court NDPS Act Cases, Madurai passed in CC.No.19 of 2019 on 30.09.2025 and enlarge the petitioner on bail pending disposal of the criminal appeal. For Petitioners : Mr.N.Manimaran For Respondent : Mrs.S.Moushica, Government Advocate 1/6 https://www.mhc.tn.gov.in/judis Crl.M.P.(MD)No.9648 of 2026 in Crl.A(MD)No.1131 of 2025 ORDER The petitioner is accused No.3 in C.C.No.19 of 2019 on the file of the I Additional Special Court NDPS Act Cases, Madurai. By judgment dated 30.09.2025, the petitioner was found guilty, convicted and sentenced to undergo 10 years of rigorous imprisonment with a fine of Rs.1,00,000/- and in default to undergo six months simple imprisonment for the offence under Sections 8(c) r/w 20(b)(ii) (C), 25 and 29(1) of the NDPS Act. Challenging the judgment of conviction and sentence, the petitioner has filed an appeal before this Court in Crl.A(MD)No.1131 of 2025 and the same was admitted by this Court on 24.10.2025. Along with the appeal, the petitioner has filed this petition to suspend the sentence imposed by the trial Court. 2.The learned counsel appearing for the petitioner submits that the earlier petition filed by this petitioner in CrlMP(MD)No.15229 of 2025 was dismissed by this court on 26.03.2025. This is the second petition. He further submits that the petitioner was tried along with three others. A1 was acquitted, however, this petitioner and others were convicted. Though the earlier petition filed by the petitioner was dismissed, this court has considered the petition filed by A2 in 2/6 https://www.mhc.tn.gov.in/judis Crl.M.P.(MD)No.9648 of 2026 in Crl.A(MD)No.1131 of 2025 CrlMP(MD)No.17793 of 2025. The learned counsel therefore prayed that this petitioner is also similarly placed that of A2 and seeks bail to the petitioner. According to the learned counsel the petitioner is in jail for 2 years 9 months and 10 days. 3.The learned Government Advocate appearing for the respondent submits that co-accused has been granted bail by this court, however, she opposes bail to the petitioner that he has involved two other cases of similar nature, in one case he was convicted and the other case is pending trial. 4. This Court considered the rival submissions made. 5.The Criminal Appeal filed by the petitioner was also admitted by this Court. However, the appeal could not be taken up immediately for final hearing. The petitioner is in jail for nearly 3 years. Considering the period of incarceration, co-accused has been granted bail and also considering the fact that the appeal could not be taken up for final disposal for want of time, this Court is inclined to allow this petition, however with stringent conditions due to his involvement in other cases. 3/6 https://www.mhc.tn.gov.in/judis Crl.M.P.(MD)No.9648 of 2026 in Crl.A(MD)No.1131 of 2025 6.Accordingly, the substantive sentence of imprisonment alone is suspended pending disposal of the criminal appeal and the petitioner is ordered to be enlarged on bail on executing a bond for Rs.1,00,000/- (Rupees one lakh only) with two sureties each for a like sum to the satisfaction of the learned I Additional Special Court NDPS Act Cases, Madurai. One of the sureties must be a government servant. (ii) The petitioner and the sureties shall file an affidavit before the respondent police that the petitioner will not misuse this liberty, will not indulge in any further offence, pending the appeal and he shall also be available for the trial in the other case. (iii) The petitioner shall report before the respondent police 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. 29.07.2026 DSK 4/6 https://www.mhc.tn.gov.in/judis Crl.M.P.(MD)No.9648 of 2026 in Crl.A(MD)No.1131 of 2025 To 1. I Additional Special Court for NDPS Act Cases, Madurai. 2.The Inspector of Police, Chekkanoorani Police Station, Madurai District 3.The Superintendent, Central Prison, Madurai. 4. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. 5/6 https://www.mhc.tn.gov.in/judis Crl.M.P.(MD)No.9648 of 2026 in Crl.A(MD)No.1131 of 2025 B.PUGALENDHI, J. DSK Crl.M.P.(MD)No.9648 of 2026 in Crl.A.(MD)No.1131 of 2025 29.07.2026 6/6 https://www.mhc.tn.gov.in/judis