Ganesamoorthy v. The State Of Tamilnadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 21.05.2025 PRESENT The Hon`ble Mr.Justice P.VADAMALAI Ganesamoorthy ... Petitioner Vs The State of TamilNadu, Rep. by the Inspector of Police, Abiraman Police Station, Ramanathapuram District.
(Crime No.62 of 2025) ... Respondent For Petitioner : Mr.S.Bharathi For Respondent : Mr.R.M.Anbunithi, Additional Public Prosecutor PETITION FOR BAIL Under Sec.483 BNSS, 2023 PRAYER :- For Bail in Crime No.62 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 21.04.2025 for the offences punishable under Sections 8(c) r/w 20(b)(ii)(A) of NDPS Act, 1985, 4(1)(A) of TNP Act, in Crime No.62 of 2025 on the file of the 1/4
respondent police, seeks bail.
2. The case of the prosecution is that, on receiving a secret information that in the area of Abiramam to Parthibanoor road way this petitioner with among them paddling ganja with a zip lock covers, on 21.04.2025, the respondent police reached the location and caught them and the respondent police seized the ganja quantity of 65 grams, three mobile phones, and three bikes, and arrested the petitioner along with other accused and remanded to judicial custody on 21.04.2025.
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 21.04.2025. 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 facts that the petitioner is in custody from 21.04.2025, and the contraband is only a meagre quantity, 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, Kamuthi, 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., for a period of 30 days;
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, KAMUTHI.
2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, RAMANATHAPURAM DISTRICT.
3 THE OFFICER INCHARGE, SUB JAIL, RAMANATHAPURAM.
4 THE INSPECTOR OF POLICE, ABIRAMAN POLICE STATION, RAMANATHAPURAM DISTRICT.
5 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1 CC to M/s.S.BHARATHI, Advocate ( SR-5599[I] dated 21/05/2025 ) ORDER IN CRL OP(MD) No.8925 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