Thogai @ Velli v. The State Of Tamilnadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 12/09/2024 PRESENT The Hon`ble Mr.Justice D.BHARATHA CHAKRAVARTHY Thogai @ Velli, ... Petitioner/Accused No.4 Vs The State of Tamilnadu rep by The Inspector of Police, Varasanadu Police Station, Theni District.

In Cr.No.113/2024..

... Respondent/Complainant For Petitioner : M/s.K.Suyambulinga Bharathi, Advocate. For Respondent : Mr.R.M.Anbunithi, Additional Public Prosecutor PETITION FOR BAIL UNDER SECTION 483 OF BNSS PRAYER :- For Bail in Crime no.113/2024 on the file of the Respondent Police. ORDER : The Court made the following order :- The petitioner/A4, who was arrested and remanded to judicial custody on 1/4

03.08.2024 for the offences punishable under Sections 8(c), 20(b)(ii)(A), 29(1) of NDPS Act & 77 of the Juvenile Justice (Care & Protection of Children) Act, 2015, in Crime No.113 of 2024 on the file of the respondent police, seeks bail. 2.The case of the prosecution is that the petitioner and the other accused were found in illegal possession of 100 grams of ganja. Hence, the complaint. 3.Heard both sides.

4.Considering the nature of the allegations against the petitioner that A1 to A3 were found to be in possession of 100 grams of ganja and the petitioner being accused No.2 and also considering the facts that there are no bad antecedents against the petitioner and he is in custody from 10.08.2024, this Court is inclined to grant bail to the petitioner on 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 Judicial Magistrate Court, Aundipatti. (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 report before the respondent police daily at 10.30 a.m., for 2/4

a period of four weeks and thereafter, as and when required for interrogation; (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 abscond, a fresh FIR can be registered under Section 229A IPC.

sd/- 12/09/2024 / TRUE COPY / 12 / 09 /2024 Sub-Assistant Registrar Madurai Bench of Madras High Court, Madurai - 625 023.

DSS TO 1 THE JUDICIAL MAGISTRATE COURT ANDIPATTI.

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2 DO-THROUGH :

THE CHIEF JUDICIAL MAGISTRATE, THENI DISTRICT.

3 THE SUPERINTENDENT, DISTRICT PRISON, THENI, THENI DISTRICT..

4 THE INSPECTOR OF POLICE, VARASANADU POLICE STATION, THENI DISTRICT.

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

+1 CC to M/s.K.SUYAMBULINGABHARATHI, Advocate ( SR-11274[I] dated 13/09/2024 )

ORDER

IN CRL OP(MD) No.15450 of 2024 Date :12/09/2024 PSP/ /SAR /12.09.2024/ 4P/ 7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4