CRL MP(MD) NO. 10202 of 2026 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 17.08.2026 CORAM THE HONOURABLE MR.JUSTICE S.KARTHIKEYAN CRL MP(MD) NO. 10202 of 2026 in CRL A(MD)No.516 of 2025 M.Palanichamy Petitioner(s) Vs State of Tamil Nadu Rep. By, The Inspector of Police, Varusanadu Police Station, Theni District. Crime No.81/2022 Respondent(s) For Petitioner(s): Mr.P.Thanga Prithvi Rajan For Respondent(s): Mr.A.Robinson Government Advocate (Crl. Side) Prayer: To suspend the sentence imposed by the I Additional Special Court for NDPS Act Cases, Madurai passed in C.C.No.910 of 2022 dated 25.11.2024 and enlarge the petitioner on bail pending disposal of the criminal appeal. https://www.mhc.tn.gov.in/judis ORDER The petitioner has come up with the present application seeking to suspend the sentence imposed on the petitioner by the I Additional Special Court for NDPS Act Cases, Madurai in C.C.No.910 of 2022 dated 25.11.2024 and grant bail. 2. The petitioner/appellant was tried for the offences punishable under Sections 8(c) r/w 20(b)(ii)(B), 29(1) and 8(b) r/w 20(a)(i) of NDPS Act. The Trial Court, after trial, found the petitioner guilty of the offences punishable under Sections 8(c) r/w 20(b)(ii)(B) of NDPS Act and found him not guilty of the offences punishable under Sections 8(b) r/w 20(a)(i) and 29(1) of NDPS Act. The petitioner was convicted and sentenced to undergo five years rigorous imprisonment and to pay a fine of Rs.25,000/-, in default, to undergo one year simple imprisonment for the offences punishable under Sections 8(c) r/w 20(b)(ii) (B) of NDPS Act. The petitioner is in custody since the date of judgment of the Trial Court, i.e., on 25.11.2024. The petitioner has preferred the present appeal and sought for suspension of sentence and bail. 3. The learned counsel for the petitioner/appellant submitted that the petitioner was found in possession of 17 Kgs of Ganja, which is an intermediate quantity. Though the petitioner/appellant was charged for the offences punishable under Sections 8(c) r/w 20(b)(ii)(B), 29(1) and 8(b) r/w 20(a)(i) of NDPS Act, the Trial Court has found the petitioner not guilty of the offences punishable under Sections 8(b) r/w 20(a)(i) and 29(1) of NDPS Act. Therefore, there is a cloud in https://www.mhc.tn.gov.in/judis the case of the prosecution. The petitioner is in custody from 25.11.2024. Hence, he prays for suspension of sentence and bail to the petitioner/appellant. 4. Per contra, the learned Government Advocate (Crl. Side) appearing for the respondent Police submitted that the petitioner is not only found in possession of ganja, but also found to be involved in cultivation of ganja in the deep forest. Therefore, this Court has declined to grant bail to the petitioner in the earlier application in Crl.M.P(MD).No.5897 of 2025, by order dated 18.03.2026. Therefore, there is no change in circumstances subsequent to the dismissal of the earlier bail application. Hence, he strongly opposed to grant suspension of sentence and bail to the petitioner/appellant. 5. This Court has given its thoughtful consideration to the rival submissions put forth on either side. 6. On perusal of records, it is found that the petitioner herein/A1 is charged for the offences punishable under Sections 8(c) r/w 20(b)(ii)(B), 29(1) and 8(b) r/w 20(a)(i) of NDPS Act and found to be guilty of the offences punishable under Sections 8(c) r/w 20(b)(ii)(B) of NDPS Act. Though the learned counsel for the petitioner submitted that the charge under Section 8(b) r/w Section 20(a)(i) and 29(1) of NDPS Act is not proved by the prosecution, the Trial Court has found the petitioner guilty of the offences punishable under Sections 8(c) r/w 20(b)(ii)(B) of NDPS Act and handed out five years rigorous imprisonment with a fine of Rs.25,000/-, in default, to undergo one year simple imprisonment. Earlier, the https://www.mhc.tn.gov.in/judis petitioner has approached this Court in Crl.M.P.(MD).No.5897 of 2025, wherein, this Court, by order dated 18.03.2026, has declined to grant suspension of sentence and bail to the petitioner considering the totality of circumstances of the present case. Subsequent to the dismissal of the earlier application, there is no change in circumstances brought in by the learned counsel for the petitioner/appellant. Therefore, this Court is not inclined to grant suspension of sentence and bail to the petitioner. 7. Accordingly, this Criminal Miscellaneous Petition is dismissed. 17.08.2026 (S.K.,J.) Lm To 1.The Inspector of Police, Varusanadu Police Station, Theni District. 2.The Additional Public Prosecutor, Madurai Bench of Madras High Court. https://www.mhc.tn.gov.in/judis S.KARTHIKEYAN, J. Lm Crl.M.P.(MD).No.10202 of 2026 in Crl.A.(MD).No.516 of 2025 17.08.2026 https://www.mhc.tn.gov.in/judis