Ajithkumar v. The State Of Tamilnadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 20.01.2025

CORAM

THE HON'BLE MR.JUSTICE N.ANAND VENKATESH Ajithkumar ... Petitioner/Sole Accused Vs.

The State of Tamil Nadu, Rep. by the Inspector of Police, Perungudi Police Station, Madurai District.

Crime No.195 of 2024 ... Respondent/Complainant PRAYER : Criminal Original Petition filed under Section 482 of Criminal Procedure Code, to enlarge the petitioner/Accused on bail in Crime No.195 of 2024 on the file of the respondent police.

For Petitioner : Mr.R.Boopathi, Advocate For Respondent : Mr.S.Ravi Additional Public Prosecutor

O R D E R

The petitioner/accused, who was arrested and remanded to judicial custody for the offences under Sections 8(C) r/w 20(b)(ii)(A) of the 'Narcotic Drugs and Psychotropic Substances Act, 1985' (hereinafter referred to as 'the Act') and Section 77 of the Juvenile Justice (Care and Protection of Children) Act, 2015 and Section 25(1A) of the Arms Act, 1959, on the file of the respondent, seeks bail. 1/5

2.The case of the prosecution is that the petitioner was found in possession of 250 grams of ganja.

3.The learned Additional Public Prosecutor submitted that there are 12 previous cases against the petitioner for IPC offences and one case pertains to a murder offence. The learned Additional Public Prosecutor further submitted that the petitioner was also found in possession of long knife when he was arrested. 4.Heard Mr.R.Boopathi, learned counsel for the petitioner and Mr.S.Ravi, learned Additional Public Prosecutor appearing on behalf of the respondent. 5.Taking into the facts and circumstances of the case and considering the quantity that is involved in this case and taking note of the fact that the petitioner is suffering incarceration from 01.12.2024 and also considering the previous cases against the petitioner, this Court is inclined to grant bail to the petitioner subject to the following conditions:

6. Accordingly, the petitioner is ordered to be released on bail on his 2/5

executing a bond for a sum of Rs.10,000/- (Rupees ten thousand only) with two sureties, each for a like sum to the satisfaction of the Judicial Magistrate Court, Thirumangalam, Madurai District and on further conditions that:- [a] the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the Magistrate may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity.

[b] the petitioner shall report before the the Judicial Magistrate Court, Thirumangalam, Madurai District, daily at 10.30 a.m., until further orders; [c] the petitioner shall not tamper with evidence or witness either during investigation or trial.

[d] the petitioner shall not abscond either during investigation or trial. [e] On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the petitioner in accordance with law as if the conditions have been imposed and the petitioners released on bail by 3/5

the learned Magistrate/Trial Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005)AIR SCW 5560]. [f] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S.2023.

sd/- 20/01/2025 / TRUE COPY / /01/2025 Sub-Assistant Registrar (C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

PKN TO 1 THE JUDICIAL MAGISTRATE THIRUMANGALAM, MADURAI DISTRICT.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, MADURAI DISTRICT.

3 THE INSPECTOR OF POLICE, PERUNGUDI POLICE STATION, MADURAI DISTRICT.

4 THE SUPERINTENDENT CENTRAL PRISON, MADURAI.

5 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

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ORDER

IN CRL OP(MD) No.561 of 2025 Date :20/01/2025 SS/SAR- /20/01/2025/ 5P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5