C.Karthick v. The State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 17/02/2025 PRESENT THE HONOURABLE MR. JUSTICE R. SAKTHIVEL C.Karthick, S/o.Chinnan, 3/53 Narasingapuram, Nilakkottai Taluk, Ramarajapuram, Dindigul 624219.

... Petitioner/Accused No.6 Vs The State of Tamil Nadu, Rep by the Inspector of Police, Thilagar Thidal Police Station, Madurai District.

Crime No.38/2025.

... Respondent/Complainant For Petitioner :

Mr.A.B.Jeeva, Advocate.

For Respondent :

Mr.R.Meenakshi Sundaram, Additional Public Prosecutor PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- For Bail in Crime No.38/2025 on the file of the respondent-Police. ORDER : The Court made the following order :- 1/5

This Criminal Original Petition has been filed by the petitioner on 12.02.2025 under Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) praying to grant bail.

2. The petitioner/Accused No.6 was arrested and remanded to judicial custody on 20.01.2025 for the offences punishable under Sections 8(c) r/w 20(b)(ii)(B) and 25 of the Narcotic Drugs and Psychotropic Substances Act, 1985 in Crime No.38 of 2025 on the file of the respondent-police.

3. The case of the prosecution is that on 19.01.2025, at about 05:00 p.m., based on secret information, the Inspector of Police, along with his police team, was conducting an inspection near Petchiamman Padithurai Junction in Madurai. At that time, A1 and A2 were riding a two-wheeler. The police intercepted them and inquired. Upon inquiry, the police noticed that A1 and A2 were in illegal possession of 1.9 kgs of ganja. The police team arrested A1 and A2 on the spot, and based on the confession of A3, the petitioner herein has been arrayed as A6. Hence, the complaint.

4. Mr.A.B.Jeeva, learned counsel appearing for the petitioner, submits that the petitioner has nothing to do with the alleged offence. He further submits that the petitioner has been falsely arrayed as an accused in this case. He further submits that Accused No.2 has already granted bail by this Court in Crl.O.P.(MD).No.1964 of 2025 by an order dated 30.01.2025. Hence, he prays to grant bail to the petitioner also. 2/5

5. Mr.R.Meenakshi Sundaram, learned Additional Public Prosecutor appearing for the respondent-Police, submits that Accused Nos.1 and 2 were arrested at the scene of occurrence. He further submits that there are totally 11 accused person in this case. He further submits that there is no previous case pending against the petitioner. However, he vehemently opposes the grant of bail to the petitioner.

6. Heard on both sides. This Court has perused the records.

7. The petitioner has permanent residence and therefore, there is less possibility of absconding. Considering the same and also considering the fact that the petitioner is the first offender and taking note of the period of incarceration and with a view to give an opportunity to the petitioner to reform himself, this Court is inclined to grant bail to the petitioner, however, subject to certain conditions. Accordingly, bail is granted to the petitioner subject to the following conditions: (i) The petitioner shall execute a bond for Rs.10,000/- (Rupees Ten Thousand only) along with two sureties each for a like sum of Rs.10,000/- (Rupees Ten Thousand Only) to the satisfaction of the learned Judicial Magistrate No.II, Madurai;

(ii) The sureties shall affix their photographs and left thumb impression in the Application for Suretyship [Judicial Form No.46 annexed to 'The Criminal Rules of Practice, 2019']. The learned Judicial 3/5

Magistrate No.II, Madurai shall obtain a copy of any one of identity proofs to ensure their identity;

(iii) The petitioner shall attend in accordance with the conditions of the bond to be executed under Chapter XXXV of BNS, 2023; (iv) The petitioner shall not commit an offence similar to the offence of he is accused, or suspected, of the commission of which he is suspected; (v) The petitioner shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence; (vi) The petitioner shall furnish his residential address and mobile number to the learned Judicial Magistrate No.II, Madurai; (vii) The petitioner shall appear and sign before the learned Judicial Magistrate No.II, Madurai on all working days at 10.30 a.m., until further orders; and (viii) On breach of any of the aforementioned conditions, learned Judicial Magistrate No.2, Madurai, is entitled to pass appropriate orders against the petitioner in accordance with law as if the aforementioned conditions are imposed by him as laid down by the Hon'ble Supreme 4/5

Court in P.K. Shaji vs. State of Kerala [(2005) 13 SCC 283].

8. Accordingly, this Criminal Original Petition is allowed subject to the conditions stated supra.

sd/- 17/02/2025 / TRUE COPY / 18/02/2025 Sub-Assistant Registrar (C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

TSG TO 1 THE JUDCIAL MAGISTRATE NO.II, MADURAI 2 DO-THROUGH : THE CHIEF JUDICIAL MAGISTRATE, MADURAI DISTRICT. 3 THE SUPERINTENDENT, CENTRAL PRISON, MADURAI. 4 THE INSPECTOR OF POLICE, THILAGAR THIDAL POLICE STATION, MADURAI DISTRICT.

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

ORDER

IN CRL OP(MD) No.2798 of 2025 Date :17/02/2025 RS/IT/SAR-(18.02.2025) 5P 6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5