M.Dhamodharan v. The State Of Tamilnadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 27.02.2025 PRESENT THE HONOURABLE MR. JUSTICE R. SAKTHIVEL M.Dhamodharan ... Petitioner/Accused No.1 Vs The State of Tamilnadu, Rep.By the Inspector of Police, Ramjee Nagar Police Station, Trichy.

Crime No.17 of 2025 ... Respondent/Complainant For Petitioner : Mr.N.Ananda Kumar For Respondent : Mr.R.Meenakshi Sundaram Additional Public Prosecutor PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- For bail in Crime No.17 of 2025 on the file of the respondent-police. ORDER : The Court made the following order :- This Criminal Original Petition has been filed by the petitioner on 25.02.2025 under 1/6

Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) praying to grant bail.

2. The petitioner / accused was arrested and remanded to judicial custody on 06.02.2025 for the alleged offences punishable under Sections 8(c) read with 20(b)(ii)(B) of Narcotic Drugs and Psychotropic Substances Act, 1985 in Crime No.17 of 2025 on the file of the respondent-police.

3. The case of the prosecution is that on 06.02.2025, at about 09.45 a.m., upon receiving secret information, the respondent-police went to the location and hid themselves in thorny bush situated on the southern side of Malaipatti Keezha Theru, where they found the petitioner in illegal possession of 1 kg and 200 gms of ganja. Based on the confession of the petitioner, A2 was arrayed as an accused. Hence the case.

4. Mr.N.Ananda Kumar, the learned counsel appearing for the petitioner submits the petitioner has been falsely implicated in this case. The petitioner did not commit any offence as alleged by the prosecution. He further submitted that the petitioner has been in judicial custody since 06.02.2025. He therefore prays to grant bail to the petitioner.

2/6

5. Mr.R.Meenakshi Sundaram, the learned Additional Public Prosecutor appearing for the respondent-police, submits that the petitioner was arrested with 1 kg 200 gms of contraband (ganja). The petitioner has two previous cases which are similar in nature. Therefore, he prays to dismiss this Criminal Original Petition.

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

7. The petitioner was arrested on 06.02.2025 and is still in judicial custody. Considering the period of incarceration and with a view to give one more 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.25,000/- (Rupees Twenty Five Thousand only) along with two sureties each for a like sum of Rs.25,000/- (Rupees Twenty Five Thousand Only) to the satisfaction of the learned Additional District and Sessions Judge / Presiding Officer, Special Court for trial of NDPS and EC cases, Pudukottai;

(ii) The sureties shall affix their photographs and left thumb impression in the 3/6

Application for Suretyship [Judicial Form No.46 annexed to 'The Criminal Rules of Practice, 2019']. The learned Additional District and Sessions Judge / Presiding Officer, Special Court for trial of NDPS and EC cases, Pudukottai 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 which 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; (vii) The petitioner shall appear and sign before the learned Judicial Magistrate No.III, Trichy on all working days at 10.30 a.m., until further orders; (viii) On breach of any of the aforementioned conditions, the learned Additional District and Sessions Judge / Presiding Officer, Special Court for trial of NDPS and EC cases, Pudukottai is entitled to pass appropriate orders against the petitioner in 4/6

accordance with law as if the aforementioned conditions are imposed by him as laid down by the Hon'ble Supreme 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/- 27/02/2025 / TRUE COPY / 27/02/2025 Sub-Assistant Registrar (C.S. I / II / III / IV) Madurai Bench of Madras High Court, Madurai - 625 023.

MBI TO 1 THE ADDITIONAL DISTRICT AND SESSIONS JUDGE/PRESIDING OFFICER, SPECIAL COURT FOR TRIAL OF NDPS AND EC CASES, PUDUKOTTAI.

2 THE SUPERINTENDENT CENTRAL PRISON, TRICHY.

3 THE INSPECTOR OF POLICE, RAMJEE NAGAR POLICE STATION, TRICHY.

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

5/6

COPY TO:

THE JUDICIAL MAGISTRATE NO.III TRICHY.

+1 CC to M/s.N.ANANDAKUMAR, Advocate ( SR-2197[I] dated 27/02/2025 )

ORDER

IN CRL OP(MD) No.3726 of 2025 Date :27/02/2025 SS/SAR- /27/02/2025/ 6P/7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 6/6