Thangam v. The State Of Tamilnadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 19/06/2025 PRESENT THE HONOURABLE MR. JUSTICE P. VADAMALAI Thangam, S/o.Nalluthevar, ..Petitioner/ Accused Vs The State of Tamilnadu rep.by The Inspector of Police, Usilampatti Town Police Station, Madurai District.
(Crime No.191 of 2025) .. Respondent/Complainant For Petitioner : Mr.S.Muniyandi 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.191 of 2025 on the file of the Respondent Police. 1/6
ORDER : This Court made the following order :- The petitioner / Accused, who was arrested and remanded to judicial custody on 17.05.2025 for the offences punishable under Sections 8(c) r/w.20(b) (ii)(A), 25, 29(1) of NDPS Act and Section 77 of Juvenile Justice (Care and Protection of Children) Act, 2015 in Crime No.191 of 2025 on the file of the respondent police, seeks bail.
2. The case of the prosecution is that on 17.05.2025, the respondent police on routine surveillance duty, at that time, they found that the accused persons was in illegal possession of 200 grams of Ganja and they try to sell the same to school going children. Hence, the case.
3. The learned counsel for the petitioner would submit that the petitioner is an innocent person and he has not committed any offences as alleged by the prosecution. The petitioner is no way connected with the case, a false case has been lodged as against the petitioner. The petitioner is ready and willing to abide any conditions that may be imposed by this Court. He would further submit that the petitioner is in custody from 17.05.2025 nearly 30 days. Hence, he seeks bail. 2/6
4. The learned Government Advocate (Criminal Side) would submit that while conducting routine checkup, the respondent police found that the accused persons was in illegal possession of 200 grams of ganja and they trying to sell the same to school children. The property was seized by the respondent police. Already the coaccused arrested and subsequently released on bail. There is one previous case is pending against this petitioner. However, he objected to grant bail to the petitioner.
5. Taking into consideration of the facts and circumstances of the case and also taking note of the fact that the contraband involved in this case is not a commercial quantity, the property was already seized by the respondent police, already the coaccused arrested and subsequently released on bail, the petitioner/1st accused remanded into judicial custody on 17.05.2025, 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 the Judicial Magistrate No.1, Usilampatti, Madurai District, and on further conditions that :- 3/6
[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 No.1, Usilampatti, Madurai District. If the petitioner changes his residential address, he shall report the same to the Judicial Magistrate No.1, Usilampatti, Madurai District;
[c] the petitioner shall appear and sign before the respondent police daily at 10.30 a.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 4/6
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/- 19/06/2025 / TRUE COPY / 19/06/2025 Sub-Assistant Registrar (C.S. I / II / III / IV) Madurai Bench of Madras High Court, Madurai - 625 023.
GVN TO 1 THE JUDICIAL MAGISTRATE NO.I USILAMPATTI, MADURAI DISTRICT.
2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE MADURAI DISTRICT.
3 THE INSPECTOR OF POLICE, USILAMPATTI TOWN POLICE STATION, MADURAI DISTRICT.
4 THE OFFICER INCHARGE, SUB JAIL, USILAMPATTI.
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5 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1 CC to M/s.S.MUNIYANDI, Advocate ( SR-6514[I] dated 19/06/2025 )
ORDER
IN CRL OP(MD) No.10190 of 2025 Date :19/06/2025 SS/SAR- /19/06/2025/ 6P/7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 6/6