Mithun @ Mithunmanickam v. The State Of Tamilnadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Reserved on : 15.07.2025 Pronounced on : 18.07.2025 PRESENT THE HONOURABLE MR. JUSTICE P. VADAMALAI Mithun @ Mithunmanickam, S/o.Jeyaraman ... Petitioner/A5 Vs The State of Tamil Nadu, Rep. by the Inspector of Police, S.S.Colony Police Station, Madurai City.
(Crime No.2361 of 2020) ... Respondent/Complainant For Petitioner : Mr.J.Vijayaraja, Advocate For Respondent : Mr.Thanga Aravindh.B, Government Advocate (Criminal Side) PETITION FOR BAIL Under Sec.483 of BNSS 1/5
PRAYER :- For Anticipatory Bail in Crime No.2361 of 2020 on the file of the Respondent Police.
ORDER : The Court made the following order :- The petitioner/A5, who was arrested and remanded to judicial custody on 19.01.2024 for the offences punishable under Sections 8(c), 20(b)(ii)(C), 25 and 29(1) of Narcotic Drugs & Psychotropic Substances Act, 1985 in Crime No.2361 of 2020 on the file of the respondent police, seeks bail.
2. The case of the prosecution is that on 25.10.2020, based on secret information, the respondent police, along with other police personnel, proceeded to the place of occurrence and intercepted a car. Upon inspection, they found 42 kilograms of ganja in two gunny bags in the vehicle. A2 and A3 were arrested on the spot. Hence, the present case.
3. The learned counsel for the petitioner submitted that the petitioner was initially granted bail by this Court on 14.07.2022 in Crl.O.P.(MD) No.8858 of 2022. Subsequently, after producing sureties, the petitioner was released on bail and 2/5
participated in the trial in C.C. No.231 of 2021. However, as he was later arrayed as an accused in a murder case, he failed to appear before the trial Court. Consequently, the case was split up against the petitioner, and an absconding charge sheet was filed against him in C.C.No.705 of 2023. Thereafter, a Non-Bailable Warrant (NBW) was issued against the petitioner on 13.07.2023, and he was produced through a PT warrant on 19.01.2024. Taking note of his prolonged abscondence, the petitioner was once again remanded to judicial custody through a fresh warrant on 19.01.2024 and is currently facing trial in C.C.No.705 of 2023 before the learned I Additional Special Judge for Trial of NDPS Act Cases, Madurai.
4. He further submitted that on 29.02.2024, judgment was delivered in C.C.No.231 of 2021, wherein, out of the 8 accused, the trial was concluded against 7 accused. Among them, A1 to A3 were convicted, while A4 and A6 to A8 were acquitted of the charges levelled against them. He contended that the petitioner has been falsely implicated in the present case solely based on the confession of the coaccused. The petitioner is an innocent person and has not committed any offence as alleged by the prosecution. He, however, submitted that the petitioner has been in custody from 19.01.2024, and is willing to comply with any condition that may be imposed by this Court. Hence, he seeks bail.
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5. The learned Government Advocate (Criminal Side) submitted that it is a case of jumped out of bail. There are eight accused persons in this case, and the petitioner has been arrayed as A5. He further submitted that nine previous cases have been registered against the petitioner, including three murder cases. He contended that there is a strong possibility of conviction in the present case. Therefore, he vehemently opposed to grant bail to the petitioner.
6. Taking into consideration of the facts and circumstances of the case, and considering the bad antecedents against the petitioner, and also taking note of the fact that this is a case of jumped out of bail, this Court is of the view that if the petitioner is released on bail, he may abscond again and delay the trial. Therefore, this Court is not inclined to grant bail to the petitioner.
7. Accordingly, this Criminal Original Petition is dismissed. sd/- 18/07/2025 / TRUE COPY / / /2025 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
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TO 1 THE INSPECTOR OF POLICE S.S.COLONY POLICE STATION, MADURAI CITY.
2 THE SUPERINTENDENT, CENTRAL PRISON, MADURAI.
3 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1. CC to J. VIJAYARAJA Advocate SR.No.7842
ORDER
IN CRL OP(MD) No.9050 of 2025 Date :18/07/2025 KM (21.07.2025)/5P/ 5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17.07.2023. 5/5