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Madras High CourtCRL OP(MD)/11964/2025allowed

Simson Jebadurai, v. The State Of Tamilnadu, Rep. By The Inspector Of Police

2025-07-16Honourable Mr Justice P.Vadamalai6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 16/07/2025 PRESENT THE HONOURABLE MR.JUSTICE P.VADAMALAI Simson Jebadurai, S/o.Samuvel, ..Petitioner/ Accused No.2 Vs The State of Tamilnadu rep.by The Inspector of Police, Palakkarai Police Station, Trichy City.

(Crime No.242 of 2025) .. Respondent/Complainant For Petitioner : Mr.C.Karthikeyan 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.242 of 2025 on the file of the Respondent Police. 1/6

ORDER : This Court made the following order :- The petitioner / Accused No.2, who was arrested and remanded to judicial custody on 09.06.2025 for the offences punishable under Sections 8(c) r/w.20(b)(ii) (B) of Narcotics Drugs and Psychotropic Substances Act, 1985 in Crime No.242 of 2025 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that based on the secrete information, on 09.06.2025,the respondent police conducted search, at that time, the respondent police found illegal possession of 2.250Kgs of Ganja from the petitioners. The contraband was seized. Hence, the case.

3. The learned counsel for the petitioner would submit there are totally two accused persons, this petitioner was arrayed as Accused No.2. The alleged contraband was recovered only from the first accused. The 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 any conditions that may be imposed by this Court. He would further submit that the petitioner is in custody from 09.06.2025 nearly 37 days. Hence, he seeks bail.

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4. The learned Government Advocate (Criminal Side) would submit that the respondent police found illegal possession of 2.250Kgs of Ganja from the petitioner. The contraband were seized by the respondent police. This petitioner is having seven previous cases, out of which, five cases are similar in nature. Hence, 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 were recovered by the respondent police, in this case, FIR was registered on 09.06.2025, by this time, most of the investigation might have been completed, the petitioner/accused No.2 remanded into judicial custody on 09.06.2025, 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 learned Additional District and Sessions Court/ Special Court for EC and NDPS Act Cases, Pudukottai 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 learned Additional District and Sessions Court/ Special Court for EC and NDPS Act Cases, Pudukottai. If the petitioner changes his residential address, he shall report the same to the learned Additional District and Sessions Court/ Special Court for EC and NDPS Act Cases, Pudukottai;

[c] the petitioner shall appear and sign before the respondent police daily twice i.e., at 10.30a.m. and 5.30p.m. until further orders. [d] the petitioner shall not abscond either during 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]. 4/6

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

sd/- 16/07/2025 / TRUE COPY / /07/2025 Sub-Assistant Registrar (C.S.-I/ II /III/ IV) Madurai Bench of Madras High Court, Madurai - 625 023.

TO TO

1. The Additional District and Sessions Judge/ Special Court for EC and NDPS Act Cases, Pudukottai.

2. The Superintendant, Central Prison, Tiruchirappalli.

3. The Inspector of Police, Palakkarai Police Station, Trichy City.

4. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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ORDER

IN CRL OP(MD) No.11964 of 2025 Date :16/07/2025 AS/SAR.17.07.2025 6P/5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 6/6