Maharajan @ Scientist v. The State Of Tamilnadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 31/01/2025 PRESENT The HONOURABLE MR. JUSTICE N.ANAND VENKATESH Maharajan @ Scientist ... Petitioner/Accused 1 Vs The State of Tamilnadu, Rep by the Inspector of Police, Thalaiyuthu Police Station, Tirunelveli District.

Crime No.643 of 2024.

... Respondent/Complainant For Petitioner : Mr.M.Jegadeesha Pandian, Advocate For Respondent : Mr.S.Ravi, Additional Public Prosecutor PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- For Bail in Crime no.643 of 2024 on the file of the Respondent Police.

ORDER : The Court made the following order :- The petitioner/A1, who was arrested and remanded to judicial custody on 23.12.2024 for the offences under Sections 4(1)(C) of Tamil nadu Prohibition (Amendment) Act, 2024 r/w 8(c) and 20(b)(ii)(B) of NDPS Act in Crime No.643 of 1/4

2024 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that during a regular vehicle checkup conducted by the police party, the two wheeler in which the petitioner and another person were travelling was intercepted and on search, they were found in possession of 2.100 Kg of Ganja in a bag. There are totally two accused persons in this case and the petitioner has been arrayed as A1.

3. Heard the learned Counsel appearing on either side.

4. Taking into consideration the facts and circumstances of the case and considering the quantity of contraband involved in this case and taking note of the fact that there are 16 previous cases against the petitioner for IPC offences and also considering the fact that the petitioner has suffered incarceration from 23.12.2024, 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 Principal Special Court for NDPS Act Cases, 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 2/4

Book to ensure their identity.

[b] the petitioner shall report before the respondent police every Friday at 05.00 p.m 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]. [g] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 BNS 2023.

sd/- 31/01/2025 / TRUE COPY / /01/2025 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

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LR TO 1 THE PRINCIPAL SPECIAL JUDGE FOR NDPS ACT CASES, MADURAI.

2 THE SUPERINTENDENT, CENTRAL PRISON, PALAYAMKOTTAI, TIRUNELVELI.

3 THE INSPECTOR OF POLICE, THALAIYUTHU POLICE STATION, TIRUNELVELI DISTRICT.

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

ORDER IN CRL OP(MD) No.2113 of 2025 Date :31/01/2025 SA/SAR. /31.01.2025/4P/5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023. 4/4