Esakkiraj v. The State Of Tamil Nadu,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 14.05.2025 PRESENT The Hon`ble Mr.Justice K.RAJASEKAR Esakkiraj ... Petitioner Vs The Inspector of Police, V.K.Puram Police Station, V.K.Puram, Tirunelveli District.
(Crime No.196 of 2025) ... Respondent For Petitioner :
Mr.N.Pragalathan For Respondent :
Mr.E.Antony Sahaya Prabahar, Additional Public Prosecutor PETITION FOR BAIL Under Sec.483 BNSS, 2023 PRAYER :- For Bail in Crime No.196 of 2025 on the file of the respondent police. ORDER : The Court made the following order :- The petitioner/Accused No.1, who was arrested and remanded to judicial custody on 28.04.2025 for the offences punishable under Sections 8(c), 20(b)(ii)(A) of Narcotic 1/4
Drugs and Psychotropic Substances Act read with Section 4(1)(A) of Tamil Nadu Prohibition (Amendment) Act, 2024, in Crime No.196 of 2025 on the file of the respondent police, seeks bail.
2.The case of the prosecution is that on 28.04.2025, at about 02.00 p.m., during regular check up, the respondent Police found that the petitioner was in illegal possession of 45 grams of ganja in his two wheeler bearing Registration No.TN 58 AR 3150. 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 28.04.2025. Therefore, he prays for grant of bail.
4. The learned Additional Public Prosecutor appearing for the respondent opposed for grant of bail on the ground that the petitioner was in illegal possession of 45 gms of ganja. However, he fairly submits that the petitioner has no previous case.
5. The petitioner was arrested for illegal possession of 45 gms of ganja. It is reported that there is no previous case against the petitioner. Considering the fact that the seized contraband is only a small quantity under the schedule of NDPS Act, this Court is inclined to grant bail to the petitioner on certain conditions. 2/4
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 Judicial Magistrate, Ambasamudram, Tirunelveli District; (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 respondent police daily at 10.30 a.m., for a period of two weeks and thereafter as and when required for interrogation; (iii)the petitioner shall not tamper with evidence or witness; iv)the petitioner shall not abscond during trial. 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 3/4
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 JUDICIAL MAGISTRATE, AMBASAMUDRAM,TIRUNELVELI DISTRICT.
2 THE CHIEF JUDICIAL MAGISTRATE TIRUNELVELI DISTRICT.
3 THE SUPERINTENDENT, CENTRAL PRISON, PALAYAMKOTTAI, TIRUNELVELI DISTRICT.
4. The Inspector of Police, V.K.Puram Police Station, V.K.Puram, Tirunelveli District.
5. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
ORDER
IN CRL OP(MD) No.8627 of 2025 Date :14/05/2025 MK/SAR /15.05.2025 4P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4