Muthudinesh v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 04.09.2024 PRESENT The Hon`ble Mr.Justice D.BHARATHA CHAKRAVARTHY Muthudinesh ... Petitioners/ Accused No.2 Vs The Inspector of Police, Thiruchendur Police Station, Thoothukudi District, Crime No.164/2023.
... Respondent/Complainant For Petitioners: Mr.A.Mohamed Haneef, Advocate. For Respondent : Mr.R.M.Anbunithi, Additional Public Prosecutor PETITION FOR BAIL UNDER SECTION 483 OF BNSS PRAYER :- For Bail in Crime No.164/2023 on the file of the respondent police ORDER : The Court made the following order :- The petitioner/A2, who is arrested and remanded to judicial custody on 25.11.2024 for the offence punishable under Section 8(c) r/w. 20(b)(ii)(c) of NDPS Act, in Crime No.164 of 2023 on the file of the respondent police, seek bail. 1/4
2.The case of the prosecution is that on 08.05.2023, the Sub-Inspector of Police, on secret information, went to a private farm at Nadunallumoolai Kinaru Road and found a Bolero Pickup vehicle, bearing Reg.No.TN-92- E-6345. On seeing the police party, the persons who were in the spot managed to escape. The Police have conducted a search and found 120 kgs of Ganja, in three bags each weighing 40 kg. Based on the statement of one Ramesh S/o.Ayyadurai, the care-taker of the private farm, the respondent Police identified the persons absconded and registered the case. 3.Heard the learned counsel on either side and perused the material records of the case.
4.Considering the fact that the details of this case was considered in detail by order dated 08.08.2024 in Crl.O.P.(MD)No.7332 of 2024 and some of the accused were released on bail and following said order, A3 and A4 were also released on bail by order dated 13.08.2024, I am of the view that the petitioner is also entitled to be enlarged on bail.
5.Accordingly, this Criminal Original Petition is allowed and 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 Principal Special Court for Trial of Narcotic Drugs and Psychotropic Substances Act Cases, Madurai;
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(i)the sureties shall affix their photographs and left thumb impression in the surety bond and the Magistrate/concerned court may obtain a copy of their Aadhar card or Bank Pass Book to ensure their identity; (ii)the petitioner shall appear before the trial Court on every hearing without fail;
(iii)the petitioner shall not tamper with evidence or witness; iv)the petitioner shall not abscond during trial. v)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]. (vi) If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.
sd/- 04/09/2024 / TRUE COPY / 05 / 09 /2024 Sub-Assistant Registrar Madurai Bench of Madras High Court, Madurai - 625 023.
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JBR TO
1. THE JUDGE PRINCIPAL SPECIAL COURT FOR TRIAL OF NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES ACT CASES, MADURAI.
2. THE SUPERINTENDENT CENTRAL PRISON, PALAYAMKOTTAI.
3 THE INSPECTOR OF POLICE THIRUCHENDUR POLICE STATION, THOOTHUKUDI DISTRICT.
4. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1 CC to M/s.A.MOHAMED HANEEF, Advocate ( SR-10893[I] dated 04/09/2024 )
ORDER
IN CRL OP(MD) No.14808 of 2024 Date :04/09/2024 PSP/ /SAR /05.09.2024/ 4P/ 6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4