Clinton Ajith v. The State Of Tamilnadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 17/07/2025 PRESENT THE HONOURABLE MR. JUSTICE P.VADAMALAI Clinton Ajith ... Petitioner/Accused No.2 Vs State of Tamilnadu, Represented by the Inspector of Police, Palakkarai Police Station, Trichy District.

(Crime No.245 of 2025) ... Respondent/Complainant For Petitioner :

Mr.V.G,Vallarasu Chezhiyan For Respondent :

Mr.B.Thanga Aravindh Government Advocate (Crl.Side) PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- For Bail in Crime No.245 of 2025 on the file of the Respondent Police. ORDER : The Court made the following order :- The petitioner, who was arrested and remanded to judicial custody on 1/5

11.06.2025 for the offence punishable under Sections 123 and 278 of BNS r/w 18(c) of Drugs and Cosmetics Act, in Crime No.245 of 2025 on the file of the respondent police, seeks bail,

2. The prosecution's case is that on 11.06.2025, as per secret information, the respondent police went to the DTDC courier office. At that time, the petitioner along with other accused persons have received a parcel from the DTDC courier office, which contained 2000 tablets of drugs. Hence, the complaint.

3. The learned counsel for the petitioner submitted that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution. He further submitted that the petitioner is in judicial custody from 11.06.2025. He further submitted that the petitioner is ready and willing to abide by any stringent conditions that may be imposed by this Court. Hence, he seeks bail to the petitioner.

4. The learned Government Advocate (Criminal Side) submitted that there are 15 previous cases pending against the petitioner out of which 4 cases were disposed of and other remaining cases are pending. He further submitted that A1 has been 2/5

detained under Act 14 of 1982 and the entire contraband has been recovered from A1. He further submitted that the investigation is almost completed. However, he opposed for grant of bail to the petitioner.

5. Taking into consideration of the facts and circumstances of the case and also the fact that the investigation has been almost completed and entire contraband has been recovered from A1 and also taking into consideration of the period of incarceration suffered by the petitioner, 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.25,000/- (Rupees Twenty Five Thousand only) with two sureties, each for a like sum to the satisfaction of the learned Judicial Magistrate No.V, Trichy 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 mobile number to the learned Judicial Magistrate No.V, Trichy District. (c)If the petitioner changes his residential address, he shall report the same to the learned Judicial Magistrate No.V, Trichy District. 3/5

[d] the petitioner shall report before the respondent police daily at 10.00 a.m., and 05.00 p.m., until further orders. [e] the petitioner shall not abscond either during investigation or trial.

[f] the petitioner shall not tamper with evidence or witness either during investigation or trial.

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

sd/- 17/07/2025 / TRUE COPY / 17/07/2025 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

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MSRM TO 1 THE JUDICIAL MAGISTRATE NO.V, TRICHY DISTRICT.

2 THE CHIEF JUDICIAL MAGISTRATE, TRICHY DISTRICT.

3 THE SUPERINTENDENT, DISTRICT PRISON, TRICHY.

4 THE INSPECTOR OF POLICE, PALAKKARAI POLICE STATION, TRICHY DISTRICT.

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

ORDER

IN CRL OP(MD) No.12010 of 2025 Date :17/07/2025 NM/17.07.2025/ 5P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5