Jeyavenkatesh v. The State Of Tamilnadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 09/09/2024 PRESENT The Hon`ble Mr.Justice D.BHARATHA CHAKRAVARTHY Jeyavenkatesh ... Petitioner/Accused No.3 Vs The Inspector of Police, Thachanallur Police Station, Tirunelvei District.

Cr.No.154 of 2024.

... Respondent/Complainant For Petitioner : Mr.P.Palani ,Advocate.

For Respondent : Mr.R.M.Anbunithi, Additional Public Prosecutor PETITION FOR BAIL UNDER SECTION 483 OF BNSS PRAYER :- For bail in Crime No.154 of 2024 on the file of the respondent police. ORDER : The Court made the following order :- The petitioner/Accused, who was arrested and remanded to judicial custody on 26.07.2024 for the offences punishable under Sections 8(c) r/w. 20(b)(ii)(B) of NDPS ACt, in crime No.154 of 2024, on the file of the respondent police, seeks bail. 1/4

2.The case of the prosecution is that the petitioner and other accused persons were in illegal possession of 1.100 kgs of ganja. Hence, the complaint. 3.Heard the learned counsel on either side and perused the material records of the case.

4.Even though considering the fact that 1.100 kgs of ganja was recovered from A1 and A2, and A3 aided the A1 and A3, this Court has dismissed the earlier bail application on 05.08.2024, it can been seen that subsequently on 29.08.2024, the trial Court has enlarged the A1 and A2 on bail. Considering the fact that the petitioner is in judicial custody from 26.07.2024, I am inclined to enlarge the petitioner on bail with certain conditions.

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.10,000/- (Rupees Ten Thousand only) with two sureties each for a like sum to the satisfaction of the learned Principal District & Sessions Judge & Presiding Officer, Special Court for EC Act & NDPS Act Cases, Madurai.

[a] the petitioner and 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 report before the respondent police daily at 10.30 a.m, for 2/4

a period of three weeks and thereafter, as and when required for interrogation; [c] the petitioner shall not tamper with evidence or witness either during investigation or trial.

[d] the petitioner shall not abscond either during investigation or trial. [e] 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]. [f] If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.

sd/- 09/09/2024 / TRUE COPY / 09 / 09 /2024 Sub-Assistant Registrar Madurai Bench of Madras High Court, Madurai - 625 023.

JBR TO 1 THE PRINCIPAL DISTRICT & SESSIONS JUDGE & PRESIDING OFFICER, SPECIAL COURT FOR EC ACT & NDPS ACT CASES, MADURAI. 3/4

2 THE INSPECTOR OF POLICE, THACHANALLUR POLICE STATION, TIRUNELVELI DISTRICT.

3 THE SUPERINTENDENT CENTRAL PRISON, PALAYAMKOTTAI, THIRUNELVELI DISTRICT.

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

+1 CC to M/s.P.PALANI, Advocate ( SR-11014[I] dated 09/09/2024 )

ORDER

IN CRL OP(MD) No.15095 of 2024 Date :09/09/2024 PSP/ /SAR /09.09.2024/ 4P/ 6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4