Surya v. State Of Tamilnadu Rep By Inspector Of Police, Pew-Madurai City

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 30/07/2025 PRESENT THE HONOURABLE MR.JUSTICE P.VADAMALAI Surya, W/o.Arivalagan, ..Petitioner/ Accused No.2 Vs The State of Tamilnadu rep.by The Inspector of Police, PEW Police Station, Madurai District.

(Crime No.165 of 2025) .. Respondent/Complainant For Petitioner : Mr.K.Dinesh 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.165 of 2025 on the file of the Respondent Police. ORDER : This Court made the following order :- The petitioner / Accused No.2, who was arrested and remanded to judicial custody on 02.07.2025 for the offences punishable under Sections 8(c), 20(b)(ii)(B), 25 1/6

and 29(1) of Narcotic Drugs & Psychotropic Substances Act, 1985 in Crime No.165 of 2025 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that based on the secret information, on 02.07.2025 at about 09.15p.m. the respondent police on surveillance duty, at that time, the accused persons along with two wheeler standing in a suspicious manner, the respondent police intercepted them and made a search, at that time they found that the accused persons were in illegal possession of 1.200grams of ganja. Hence, the case.

3. The learned counsel for the petitioner would submit that this 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 02.07.2025, nearly 25 days. Hence, he seeks bail.

4. The learned Government Advocate (Criminal Side) would submit that this petitioner and other accused person were in illegal possession of 1.200grams of ganja. The entire contraband and the two wheeler were seized by the respondent police. The first accused is in judicial custody. This petitioner is having two previous case. Hence, he objected to grant bail to the petitioner. 2/6

5. Taking into consideration of the facts and circumstances of the case and also taking note of the fact that in this case, entire contraband and two wheeler were seized by the respondent police, FIR was registered on 02.07.2025, by this time most of the investigation might have been completed, the petitioner/Accused No.2 is in judicial custody from 02.07.2025, 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 Additional District Judge/Presiding Officer, Principal Special Court for EC and NDPS Case, Madurai 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.

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[b] The petitioner shall furnish his residential address and contact number to the learned Additional District Judge/Presiding Officer, Principal Special Court for EC and NDPS Case, Madurai. If the petitioner changes his residential address, he shall report the same to the learned Additional District Judge/Presiding Officer, Principal Special Court for EC and NDPS Case, Madurai; [c] the petitioner shall appear and sign before the respondent police daily at 10.30a.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 4/6

in P.K.Shaji vs. State of Kerala [(2005)AIR SCW 5560]. [g] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 BNS.

sd/- 30/07/2025 / TRUE COPY / /07/2025 Sub-Assistant Registrar (CS-I/II/III/IV) Madurai Bench of Madras High Court, Madurai - 625 023.

gvn TO 1.The Additional District Judge/Presiding Officer, Principal Special Court for EC and NDPS Case, Madurai

2. The Superintendent, Central Prison, Madurai.

3. The Inspector of Police, PEW Police Station, Madurai District.

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

ORDER

IN CRL OP(MD) No.12808 of 2025 Date :30/07/2025 PR/31.07 .2025 6P/5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 6/6