Gokada Chellibabu @ Killadi Nageswara Rao @ Nageswara Rao v. State Of Tamilnadu Rep By Inspector Of Police, Bodinayakkanur Town

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 14.05.2025 PRESENT The Hon`ble Mr.Justice K.RAJASEKAR Gokada Chellibabu @ Killadi Nageswara Rao @ Nageswara Rao ... Petitioner Vs State of Tamil Nadu, The Inspector of Police, Bodinayakkanoor Town Police Station, Theni District.

(Crime No.307 of 2024) ... Respondent For Petitioner :

Mr.P.Balamurugan For Respondent :

Mr.E.Antony Sahaya Prabahar, Additional Public Prosecutor PETITION FOR BAIL Under Sec.483 BNSS, 2023 PRAYER :- To enlarge the petitioner on bail in C.C.No.39 of 2025 on the file of the I Additional Special Court for Trial of NDPS Act Cases, Madurai in connection with the case in Crime No.307 of 2024 on the file of the respondent police. 1/5

ORDER : The Court made the following order :- The petitioner/Accused No.3, who was arrested and remanded to judicial custody on 16.02.2025 for the offences punishable under Section 8(c) read with Sections 20(b)(ii)(B) and 29(1) of Narcotic Drugs and Psychotropic Substances Act in Crime No.307 of 2024 on the file of the respondent police, seeks bail. 2.The case of the prosecution is that based on secret information, on 30.09.2024, at about 16.00 hours, the respondent-Police found that A1 was in illegal possession of 6.450 kg of ganja and A2 was in illegal possession of 4.3 kg of ganja. Hence, the case.

3. The learned counsel for the petitioner submits that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution. However, he has been arrested and he is languishing in jail from 16.02.2025. He further submits that A1 and A2 have already been granted bail by the Trial Court. Therefore, he prays for grant of bail.

4. The learned Additional Public Prosecutor appearing for the respondent Police submits that investigation has been completed and charge sheet is filed before the I Additional Special Court for Trial of NDPS Act Cases, Madurai in C.C.No.39 of 2025.

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5. The allegation against the petitioner is that he joined hands with two other accused persons and was involved in possession of 10.750 gms of ganja, which is non-commercial quantity. It is stated that co-accused was already granted bail by the trial Court in Crl.M.P.No.3760 of 2024 vide order dated 03.12.2024 and that no contraband was recovered from this petitioner. It is also reported that final report is pending in C.C.No.39 of 2025 on the file of the I Additional Special Court for Trial of NDPS Act Cases, Madurai. Considering the cumulative facts and circumstances, this Court is inclined to grant bail to the petitioner on certain conditions. 6.Accordingly, this Criminal Original Petition is allowed and the petitioner is ordered to be released on bail, on executing a bond for a sum of Rs.

15,000/- (Rupees Fifteen Thousand only) with two sureties each for a like sum to the satisfaction of the learned Judge, Principal Special Court for Trial of NDPS Act Cases, Madurai; (i)the sureties shall affix their photographs and left thumb impression in the surety bond and the Magistrate/concerned court may obtain a copy of their Aadhar card or Bank Pass Book to ensure their identity; (ii)the petitioner shall report before the learned Judge, I Additional Special Court for Trial of NDPS Act Cases, Madurai, once in a week i.e., on the first working day of the week, at 10.30 a.m.

iv)the petitioner shall not abscond during trial; and v)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]. sd/- 14/05/2025 / TRUE COPY / /05/2025 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

mbi TO

1. The Judge, Principal Special Court for Trial of NDPS Act Cases, Madurai

2. The Superintendent, Central Prison, Madurai.

3. The Inspector of Police, Bodinayakkanoor Town Police Station, Theni District.

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4. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

COPY TO:

The Judge, I Additional Special Court for Trial of NDPS Act Cases, Madurai, +1 CC to M/s.P.BALAMURUGAN, Advocate ( SR-5525[I] dated 14/05/2025 )

ORDER

IN CRL OP(MD) No.8648 of 2025 Date :14/05/2025 MK/SAR /15.05.2025 5P/7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5