Madras High CourtCRL OP(MD)/11004/2025allowed

Muralimaran v. The State Of Tamil Nadu

2025-06-30Honourable Mr Justice P.Vadamalai5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 30.06.2025 PRESENT The Hon`ble Mr.Justice P.VADAMALAI Muralimaran ... Petitioner/ Accused Vs State of Tamil Nadu rep. by The Inspector of Police, Kadayam Police Station, Tenkasi District.

(Crime No.267 of 2025) ... Respondent/ Complainant For Petitioner : Mr.K.Sivabalan, Advocate.

For Respondent : Mr.B.Thanga Aravindh, Government Advocate (Crl. Side) PETITION FOR BAIL Under Section 483 B.N.S.S.

PRAYER :- For Bail in Crime No.267 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 21.06.2025 for the offences punishable under Sections 8(c) and 20(b)(ii)(A) of 1/5

Narcotic Drugs and Psychotropic Substances Act, 1985 r/w Section 123 BNS, 2023 in Crime No.267 of 2025 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that the petitioner was found in illegal possession of 15 gms of Ganja. Hence, the case.

3. The learned counsel appearing for the petitioner would submit that the petitioner is an innocent person and he has not committed any offences as alleged by the prosecution and that the petitioner is no way connected with the case, a false case has been lodged as against him. 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 21.06.2025 nearly 9 days. Hence, he seeks bail.

4. The learned Government Advocate (Criminal Side) appearing for the respondent would submit that the petitioner was found in illegal possession of 15 gms of ganja and the property was recovered by the respondent police. He would further submit that the petitioner is having 2 previous cases, in which one case was already disposed of. 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 it is not a commercial quantity and the property has already been recovered and that the petitioner remanded into judicial custody on 21.06.2025, taking into consideration of the period of incarceration, this court is 2/5

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, Tenkasi 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, Tenkasi. If the petitioner changes his residential address, he shall report the same to the Judicial Magistrate, Tenkasi; [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 3/5

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

sd/- 30/06/2025 / TRUE COPY / 30/06/2025 Sub-Assistant Registrar ( ) Madurai Bench of Madras High Court, Madurai - 625 023.

csm TO 1 THE JUDICIAL MAGISTRATE, TENKASI.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, TENKASI DISTRICT. 3 THE SUPERINTENDENT, CENTRAL PRISON, PALAYAMKOTTAI. 4 THE INSPECTOR OF POLICE, KADAYAM POLICE STATION, TENKASI DISTRICT.

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

+1 CC to M/s.K.SIVABALAN, Advocate ( SR-6917[I] dated 30/06/2025 )

ORDER

IN CRL OP(MD) No.11004 of 2025 Date :30/06/2025 4/5

NBF/30.06.2025 5P/7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5