Thangapandi v. The State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 23/06/2025 PRESENT THE HONOURABLE MR. JUSTICE P. VADAMALAI Thangapandi, S/o.Sakthivel, ..Petitioner/ Accused Vs The State of Tamilnadu rep.by The Inspector of Police, Periyakulam Police Station, Theni District.

(Crime No.83 of 2025) .. Respondent/Complainant For Petitioner : Mr.J.Vishnu Advocate.

For Respondent : Mr.B.Thanga Aravindh Government Advocate (Crl.Side) PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- For Bail in Crime No.83 of 2025 on the file of the Respondent Police. 1/

ORDER : This Court made the following order :- The petitioner / Accused, who was arrested and remanded to judicial custody on 04.05.2025 for the offences punishable under Sections 8(c), 20(b)(ii)(A) of NDPS Act and Section 77 of the Juvenile Justice (Care and Protection of Children) Act in Crime No.83 of 2025 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that when the respondent police during their routine surveillance duty, found that the petitioner was in illegal possession of 31 grams of ganja. Hence, the case.

3. The learned counsel for the petitioner would submit that he petitioner is an innocent person and he has not committed any offences as alleged by the prosecution. The petitioner is ready and willing to abide and conditions that may be imposed by this Court. He would further submit that the petitioner is in custody from 04.05.2025 nearly 40 days. Hence, he seeks bail.

4. The learned Government Advocate (Criminal Side) would submit that during the routine surveillance, the respondent police found that the petitioner was in illegal possession of 31 grams of ganja. The entire contraband were seized by the respondent police. This petitioner is having seven previous cases, all are similar in nature. Hence, he strongly objected to grant bail to the petitioner. 2/

5. Taking into consideration of the facts and circumstances of the case and also taking note of the fact that in this case, the entire contraband were seized, the property involved in this case is not a commercial quantity, the petitioner/accused remanded into judicial custody on 04.05.2025, taking into consideration of the period of incarceration, this court is inclined to grant bail to the petitioner, subject to the following conditions:

6. Accordingly, 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 Judicial Magistrate, Periyakulam, Theni District and on further conditions that :- [a] the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the Magistrate may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity.

[b] The petitioner shall furnish his residential address and contact number to the Judicial Magistrate, Periyakulam, Theni District. If the petitioner changes his residential address, he shall report the same to the Judicial Magistrate, Periyakulam, Theni District;

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[c] the petitioner shall appear and sign before the respondent police daily twice at 10.30 a.m., and 05.30p.m., until further orders. [d] the petitioner shall not abscond either during investigation or trial. [e] the petitioner shall not tamper with evidence or witness either during investigation or trial.

[f] 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]. [g] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 BNS.

sd/- 23/06/2025 / TRUE COPY // 23 /06/2025 Sub-Assistant Registrar Madurai Bench of Madras High Court, Madurai - 625 023.

GVN TO 1 THE JUDICIAL MAGISTRATE, PERIYAKULAM, THENI DISTRICT.

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2 THE CHIEF JUDICIAL MAGISTRATE, THENI.

3 SUB-JAIL, PERIYAKULAM, THENI DISTRICT.

4 THE INSPECTOR OF POLICE, PERIYAKULAM POLICE STATION, THENI DISTRICT.

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

ORDER

IN CRL OP(MD) No.10036 of 2025 Date :23/06/2025 NM/23.06.2025 5P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/