Madras High CourtCRL OP(MD)/8807/2025allowed

Madheswaran Natarajan v. State Of Tamilnadu Rep By Inspector Of Police, Pew-Madurai City

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 Madheswaran Natarajan ... Petitioner Vs The State of TamilNadu, Through the Inspector of Police, PEW, Madurai City, Madurai District.

(Crime No.16 of 2025) ... Respondent For Petitioner : Mr.S.Gurumoorthy For Respondent : Mr.R.M.Anbunithi, Additional Public Prosecutor PETITION FOR BAIL Under Sec. 483 BNSS, 2023 PRAYER :- For Bail in Crime No.16 of 2025 on the file of the respondent police. ORDER : The Court made the following order :- The petitioner/Accused No.11, who was arrested and remanded to judicial custody on 23.04.2025 for the offences punishable Under Sec. 8(c) r/w 20(b)(ii)(B), 25 and 29(1) of NDPS Act, 1985, in Crime No.16 of 2025 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that on 10.02.2025, on receiving secret information, the respondent police conducted a raid at Rajanagar, Madurai, on 10.02.2025 at about 17:15 hrs. The main accused Vishnu, was caught with ganja 1/4

hidden in his Honda Dio vehicle. He voluntarily gave a confession, and other accused were subsequently apprehended from locations across Madurai with more ganja and items used for selling narcotics. All events were documented with police witnesses, confession statements were recorded, and materials were seized. Based on the confession, this petitioner was added as 11th accused. Subsequently, on 23.04.2025, the petitioner was arrested and remanded in judicial custody. 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 23.04.2025. 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 two previous cases are pending as against the petitioner.

5.Considering the facts and circumstances of this case and considering the fact that the aforesaid two previous cases are not similar in nature, 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 2/4

learned Judicial Magistrate No.1, Madurai, 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; 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.

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SML TO 1 THE JUDICIAL MAGISTRATE NO.I, MADURAI.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, MADURAI DISTRICT.

3 THE SUPERINTENDENT, CENTRAL PRISON, MADURAI.

4 THE INSPECTOR OF POLICE, PEW, MADURAI CITY, MADURAI DISTRICT.

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

+1 CC to M/s.S.GURUMOORTHY, Advocate ( SR-5593[I] dated 21/05/2025 )

ORDER

IN CRL OP(MD) No.8807 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