Madras High CourtCRL OP(MD)/8839/2025allowed

Sankar @ Sound Sankar 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 Sankar @ Sound Sankar ... Petitioner Vs The State of TamilNadu, Rep. by Inspector of Police, Balamedu Police Station, Madurai District.

(Crime No.35 of 2025) ... Respondent For Petitioner : M/s.C.Karthikeya For Respondent : Mr.R.M.Anbunithi, Additional Public Prosecutor PETITION FOR BAIL Under Sec. 483 BNSS, 2023 PRAYER :- For Bail in Crime No.35 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 22.04.2025 for the offences punishable under Sec. 8(c) r/w 20(b)(ii)(B), 25 and 29(1) 1/4

of NDPS Act, 1985, in Crime No.35 of 2025 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that, the petitioner and the co accused caught red handed while they are in illegal possession of ganja and hence, the respondent police registered the case as against the accused persons in crime No.35/2025 and all the accused were remanded into judicial custody from 22.04.2025.

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 22.04.2025. 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 the investigation is still pending. 5.Considering the fact that A-1 has already been enlarged on bail and the petitioner is in custody from 22.04.2025, 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 Principal Special Court for EC NDPS, Madurai, and on further conditions 2/4

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 PRINCIPAL SPECIAL JUDGE FOR EC NDPS, MADURAI.

2 THE OFFICER INCHARGE, DISTRICT PRISON, MADURAI.

3 THE INSPECTOR OF POLICE, BALAMEDU POLICE STATION, MADURAI DISTRICT.

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

ORDER IN CRL OP(MD) No.8839 of 2025 Date :21/05/2025 SA/SAR. /23.05.2025/4P/5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023. 4/4