Jammeer Basha v. The State Of Tamil Nadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 18/07/2025 PRESENT THE HONOURABLE MR.JUSTICE P.VADAMALAI Jammer Basha, S/o.Mahabhu Basha, ..Petitioner/A2 Vs The State of Tamilnadu rep.by The Inspector of Police, Srirangam Police Station, Trichy District.
(Crime No.580 of 2025) .. Respondent/Complainant For Petitioner : Mr.M.Vivek, 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.580 of 2025 on the file of the Respondent Police. ORDER : This Court made the following order :- The petitioner /A2, who was arrested and remanded to judicial custody on 1/6
05.07.2025 for the offences punishable under Sections 123 of BNS and 18(c) of Drugs and Cosmetics Act, 1940 in Crime No.580 of 2025 on the file of the respondent police, seeks bail.
2.The case of the prosecution is that based on secret information, the respondent police went to the occurrence place and made search. At that time they have found that the petitioner was in possession of drug tablets and syringe and he identified the first accused, who sold the drugs to the petitioner and on further enquiry, the first accused gave an information about the third accused, who is ordered to purchase the drugs through on-line. 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 offence as alleged by the prosecution. He would further submit that 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 05.07.2025 nearly 12 days. Hence, he seeks bail.
4. The learned Government Advocate (Criminal Side) would submit that on 2/6
receiving secret information, the respondent police visited the occurrence place and made search in a two wheeler, wherein they found that the petitioner was in possession nearly 40 numbers of drug tablets and syringe and the same were recovered by the respondent police. He would further submit that the value of the property is worth about Rs.1,600/- and the two wheeler also recovered and that the investigation is pending. The petitioner is having four previous cases, out of which, three 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 entire contraband were recovered and most of the investigation might have been completed also considering the fact that the petitioner/Accused is in judicial custody from 05.07.2025, 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 Principal District and Sessions Court, Trichy 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 Principal District and Sessions Court, Trichy. If the petitioner changes his residential address, he shall report the same to the learned Principal District and Sessions Court, Trichy;
[c] the petitioner shall appear and sign before the respondent police daily i.e., 10.00 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 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/- 18/07/2025 / TRUE COPY / 21/07/2025 Sub-Assistant Registrar Madurai Bench of Madras High Court, Madurai - 625 023.
das TO
1. The Principal District and Sessions Judge, Trichy.
2. The Superintendent, Central Prison, Trichy.
3. The Inspector of Police, Srirangam Police Station, Trichy District.
4. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
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ORDER
IN CRL OP(MD) No.12139 of 2025 Date :18/07/2025 PR/21.07 .2025 6P/5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 6/6