Indhra v. The State Of Tamilnadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 22/07/2025 PRESENT The HONOURABLE MR. JUSTICE P. VADAMALAI Indhra, W/o.Sivasamy .. Petitioner/A2 Vs The State of Tamilnadu rep.by The Inspector of Police, PEW - Srivilliputhur Police Station, Virudhunagar District.

(Crime No.654 of 2024) .. Respondent/Complainant For Petitioner : Mr.SMA.Jinnah, Advocate.

For Respondent : Mr.Thanga Aravindh.B, Government Advocate (Crl.Side) PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- For Bail in Crime No.654 of 2024 on the file of the Respondent Police. 1/6

ORDER : This Court made the following order :- The petitioner/A2, who was arrested and remanded to judicial custody on 04.07.2025 for the offences punishable under Sections 8(c) and 20(b)(ii)(A) of the Narcotic Drugs & Psychotropic Substances Act, 1985 r/w. Section 77 of the Juvenile Justice (Care and Protection of Children) Act, 2015 in Crime No.654 of 2024 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that on 07.12.2024, the respondent police, along with other police personnel, were on picketing duty at Thiruvilliputhur Lions Matriculation Higher Secondary School to prevent the illegal sale of ganja to school children. At that time, upon seeing the police, the 1st accused attempted to flee the scene. However, the respondent police managed to apprehend him, and upon search, they found him in possession of 50 grams of ganja and sale proceeds amounting to Rs.71,200/-. Hence, the present case.

3. The learned counsel for the petitioner submitted that the petitioner is an innocent person and has no connection with the alleged offences as stated by the prosecution. She has been implicated in this case solely on the basis of the confession of the co-accused. He further submitted that the petitioner has voluntarily surrendered before the learned Judicial Magistrate, Srivilliputhur on 04.07.2025, and 2/6

is ready and willing to abide by any conditions that may be imposed by this Court. Hence, he seeks bail.

4. The learned Government Advocate (Criminal Side) submitted that there are totally two accused persons in this case, and the petitioner has been arrayed as A2. A1 was arrested and subsequently released on bail. The entire contraband was recovered only from the 1st accused. He submitted that 23 previous cases have been registered against the petitioner, out of which 10 have been disposed of and 13 are still pending. He fairly conceded that the petitioner voluntarily surrendered before the learned Judicial Magistrate, Srivilliputhur, on 04.07.2025. However, he opposed to grant bail to the petitioner.

5. Taking into consideration of the facts and circumstances of the case, and taking note of the fact that the petitioner was remanded to judicial custody on 04.07.2025, and that the entire contraband was recovered only from the 1st accused, and that the 1st accused was arrested and subsequently released on bail, and that as the date of occurrence is 07.12.2024, by this time most of the investigation might have been completed, and also considering the period of incarceration already undergone by the petitioner, this court is inclined to grant bail to the petitioner, subject to the following conditions:

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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 learned Judicial Magistrate No.II, Thiruvilliputhur, Virudhunagar 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 learned Judicial Magistrate No.II, Thiruvilliputhur, Virudhunagar. If the petitioner changes his residential address, he shall report the same to the learned Judicial Magistrate No.II, Thiruvilliputhur, Virudhunagar; [c] the petitioner shall appear and sign before the respondent police daily twice i.e. at 10.30 a.m. and 05.30 p.m. until further orders; [d] the petitioner shall not abscond either during investigation or trial; 4/6

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

sd/- 22/07/2025 / TRUE COPY / /2025 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

mkn TO 1 THE JUDICIAL MAGISTRATE NO. II, THIRUVILLIPUTHUR, VIRUDHUNAGAR.

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2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, VIRUDHUNAGAR DISTRICT AT SRIVILLIPUTHUR.

3 THE INSPECTOR OF POLICE, PEW - SRIVILLIPUTHUR POLICE STATION, VIRUDHUNAGAR DISTRICT.

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

5 THE SUPERINTENDENT, CENTRAL PRISON ( WOMEN'S ), MADURAI.

ORDER

IN CRL OP(MD) No.12277 of 2025 Date :22/07/2025 AS/23.07.2025/6P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023. 6/6