Dinesh v. The State Of Tamilnadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 22/01/2025 PRESENT The HONOURABLE MR. JUSTICE N.ANAND VENKATESH Dinesh, S/o.Selvakodi, 97, Sathiyamoorthi Road, Kanmanaikarai, Madurai..
... Petitioner/Accused No.1 Vs The State of Tamilnadu, Rep By, The Inspector of Police, Karimedu Police Station, Madurai District.
Cr.No.630/2024.
... Respondent/Complainant For Petitioner : Mr.S.M.A Jinnah, Advocate.
For Respondent : Mr.S.Ravi, Additional Public Prosecutor PETITIONS FOR BAIL Under Sec.483 of BNSS PRAYER :- For Bail in Cr.No.630 of 2024 on the file of the respondent police. 1/5
ORDER : The Court made the following order :- The petitioner / Accused No.1, who was arrested and remanded to judicial custody on 21.12.2024 for offences under Sections 8(c) r/w 20(b)(ii)(A) of NDPS Act and Section 77 of JJ Act in Crime No.630 of 2024, on the file of the respondent Police, seeks bail.
2. The case of the prosecution is that the accused persons were found in possession of 85 gms of ganja. There are totally two accused persons in this case and the petitioner has been arrayed as Accused No.1.
3. The learned Additional Public Prosecutor appearing for the respondent Police submitted that there is one previous case against the petitioner and that the accused persons were attempting to sell ganja to school children. Hence, the learned Additional Public Prosecutor vehemently opposed the grant of bail to the petitioner.
4. The learned counsel appearing for the petitioner submitted that a false case has been foisted against the petitioner. He further submitted that the petitioner has suffered incarceration from 21.12.2024.
5. Taking into consideration the facts and circumstances of the case and considering the fact that small quantity is involved and taking note of the age of the petitioner and also taking note of the fact that there is one previous case against the petitioner, this Court is inclined to grant bail to the petitioner subject to the following 2/5
conditions.
5. Accordingly, the criminal original petition is ordered and the petitioner is ordered to be released on bail on 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 learned Judicial Magistrate No.V, Madurai 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 learned Judicial Magistrate No.V, Madurai every Monday and Friday at 10.30 a.m., for a period of six weeks and thereafter, appear before the respondent Police as and when required. [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 petitioner released on bail by 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]. 3/5
[f] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of BNS, 2023.
sd/- 22/01/2025 / TRUE COPY / 22 / 01 /2025 Sub-Assistant Registrar Madurai Bench of Madras High Court, Madurai - 625 023.
TSG TO 1 JUDICIAL MAGISTRATE NO.V MADURAI 2 DO-THROUGH :
THE CHIEF JUDICIAL MAGISTRATE, MADURAI DISTRICT.
3 THE SUPERINTENDENT, CENTRAL PRISON, MADURAI.
4 THE INSPECTOR OF POLICE, KARIMEDU POLICE STATION, MADURAI DISTRICT.
5. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
ORDER
IN CRL OP(MD) No.1016 of 2025 Date :22/01/2025 4/5
PSP/ /SAR /22.01.2025/ 5P/ 6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5