Sureshkumar v. The State Of Tamilandu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 23/01/2025 PRESENT The HONOURABLE MR. JUSTICE N.ANAND VENKATESH Sureshkumar ... Petitioner/Sole Accused Vs The State of Tamilandu, Rep. by the Sub Inspector of Police, Keeraidurai Police Station, Madurai City and District.
(In Crime No. 950 of 2021).
... Respondent/Complainant For Petitioner :
Mr.J.Jeya Aron Raja, Advocate For Respondent :
Mr.S.Ravi, Additional Public Prosecutor PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- For Bail in Crime No.950/2021, on the file of the respondent police. 1/5
ORDER : The Court made the following order :- The petitioner/sole accused, who was arrested and remanded to judicial custody on 18.12.2024 for the offences under Section 8(c) r/w Section 20(b)(ii)(B) and 25 of NDPS Act in Crime No.950 of 2021 on the file of the respondent police, seeks bail.
2.The petitioner was facing trial before the Court below and on the hearing date on 20.11.2024, the petitioner was not present before the Court and hence non bailable warrant was issued. The petitioner was secured and produced before the Court and was remanded to judicial custody on 18.12.2024. The case of the prosecution is that the petitioner was found in possession of 1.100 Kg of Ganja. 3.Heard the learned Counsel appearing on either side. 4.Taking into consideration the facts and circumstances of the case and considering the fact that this petitioner has already suffered incarceration from 18.12.2024 and there are no previous cases against the petitioner and the case is now at the stage of examination of witnesses before the trial Court, this Court is inclined to grant bail to the petitioner subject to the following 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 2/5
learned District and Sessions Judge, Communal Clash Cases Court, 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 District and Sessions Judge, Communal Clash Cases Court, Madurai, daily at 10.30 a.m apart from the dates of hearing until further orders.
[c] the petitioner shall appear before the trial Court during every hearing date without fail.
[d] the petitioner shall not tamper with evidence or witness either during investigation or trial.
[e] the petitioner shall not abscond either during investigation or trial. [f] 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
[g] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 BNS 2023.
sd/- 23/01/2025 / TRUE COPY / 23/01/2025 Sub-Assistant Registrar ( ) Madurai Bench of Madras High Court, Madurai - 625 023.
LR To 1.The District and Sessions Judge, Communal Clash Cases Court, Madurai.
2.The Sub Inspector of Police, Keeraidurai Police Station, Madurai City.
3.The Superintendent, Central Prison, Madurai.
4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
+1 CC to M/s.J.JEYA ARON RAJA, Advocate ( SR-694[I] dated 23/01/2025 )
ORDER
IN CRL OP(MD) No.1242 of 2025 Date :23/01/2025 4/5
ED/ /SAR- (23/01/2025) 5P / 6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5