M. Mohaideen Bathusha v. The State Of Tamilnadu Rep. By

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 23/06/2025 PRESENT The HONOURABLE MR. JUSTICE P. VADAMALAI (*)M.Mohaideen Bathusha, S/o.Mohamed Arif,

...Petitioner/ Accused No.2

Vs The State of Tamilnadu rep.by The Inspector of Police, Thirumangalam Taluk Police Station, Thirumangalam, Madurai District.

(Crime No.80 of 2025) ... Respondent/Complainant For Petitioner : Mr.S.Atham Ali 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.80 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 27.05.2025 for the offences punishable under Sections 8(c) r/w.20(b)(ii)(B), 25 and 29(1) of the NDPS Act in Crime No.80 of 2025 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that on 27.05.2025, when the respondent police during their routine patrol duty, found two persons standing with a bike, on seeing police officials, they try to hide, the respondent police enquired them and searched the bag hold by those accused persons, in which they found 1.750Kg 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 27.05.2025 nearly 26 days. Hence, he seeks bail. 2/6

4. The learned Government Advocate (Criminal Side) would submit that during the routine patrol duty, the respondent police found that the petitioner and other accused was in illegal possession of 1.750Kg of ganja. The entire contraband were seized by the respondent police. In this case, there are totally two accused persons. This petitioner was arrayed as Accused No.2. Already, the first accused was arrested and remanded into judicial custody. There is no previous case against this petitioner. However, he strongly 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 in this case, the entire contraband were seized, the petitioner/accused No.2 remanded into judicial custody on 27.05.2025, 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 Court, Thirumangalam and on further conditions that :- [a] the sureties shall affix their photographs and Left Thumb Impression in the 3/6

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 Court, Thirumangalam. If the petitioner changes his residential address, he shall report the same to the Judicial Magistrate Court, Thirumangalam;

[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 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 4/6

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 (*)Amended as per the order of this Hon'ble Court dated 27/06/2025 made in Crl.op(MD).No.10392 of 2025 / TRUE COPY / 27/06/2025 Sub-Assistant Registrar ( ) Madurai Bench of Madras High Court, Madurai - 625 023.

GVN TO TO BE SUBSTITUED WITH THE ORDER DATED 23/06/2025 ALREADY DESPATCHED 1 THE JUDICIAL MAGISTRATE, THIRUMANGALAM.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE MADURAI DISTRICT.

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3 THE INSPECTOR OF POLICE THIRUMANGALAM TALUK POLICE STATION, THIRUMANGALAM, MADURAI DISTRICT 4 THE OFFICER INCHARGE, SUB JAIL, THIRUMANGALAM.

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

ORDER

IN CRL OP(MD) No.10392 of 2025 Date :23/06/2025 SS/SAR- /23/06/2025/ 6P/6C PR/SAR- /27/06/2025/6P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 6/6