Madras High CourtCRL OP(MD)/8786/2025allowed

Kadalmani @ Kadarkarai v. The State Of Tamil Nadu

2025-05-21Honourable Mr Justice P.Vadamalai4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 21.05.2025 PRESENT The Hon`ble Mr.Justice P.VADAMALAI Kadalmani @ Kadarkarai ... Petitioner Vs The State of TamilNadu, Rep. by the Inspector of Police, Pavoorchatram Police Station, Tenkasi District.

(Crime No.115 of 2025) ... Respondent For Petitioner : M/s.Aran Legal Consultancy For Respondent : Mr.R.M.Anbunithi, Additional Public Prosecutor PETITION FOR BAIL Under Sec. 483 BNSS, 2023 PRAYER :- For Bail in Crime No.115 of 2025 on the file of the respondent police. ORDER : The Court made the following order :- The petitioner/Accused, who was arrested and remanded to judicial custody on 21.03.2025 for the offences punishable Under Sec. 8(c), 20(b)(ii)(B) of NDPS Act, in Crime No.115 of 2025 on the file of the respondent police, seeks bail. 1/4

2. The case of the prosecution is that on 21.03.2025, upon the secret information, the respondent police waited at Nadar Patti to Ariyapuram road and caught the petitioner with a bag and found 1.100 Kg of Ganja in the said bag. Hence, this 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 21.03.2025. Therefore, he prays for grant of bail.

4. The learned Additional Public Prosecutor appearing for the respondent police opposed for grant of bail on the ground that 37 previous cases are pending as against the petitioner and the investigation is still pending. 5.Considering the facts and circumstances and considering the duration of the custody, 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.10,000/- (Rupees Ten Thousand only) with two sureties each for a like sum to the satisfaction of the learned Judicial Magistrate, Tenkasi, and on further conditions that, a)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; 2/4

b)the petitioner shall report before the respondent police daily at 10.30 a.m., until further orders;

c)the petitioner shall not tamper with evidence or witness; d)the petitioner shall not abscond during trial. e)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]. f) If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of BNS.

sd/- 21/05/2025 / TRUE COPY / 23/05/2025 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

SML TO 1 THE JUDICIAL MAGISTRATE, TENKASI.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, TENKASI DISTRICT.

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3 THE SUPERINTENDENT, CENTRAL PRISON, PALAYAMKOTTAI, TIRUNELVELI.

4 THE INSPECTOR OF POLICE, PAVOORCHATRAM POLICE STATION, TENKASI DISTRICT.

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

+1 CC to M/s.ARUN LEGAL CONSULTANCY, Advocate ( SR-5608[I] dated 21/05/2025 ) ORDER IN CRL OP(MD) No.8786 of 2025 Date :21/05/2025 SA/SAR. /23.05.2025/4P/7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023. 4/4