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Madras High CourtCRL OP(MD)/13533/2025allowed

Vinish v. The State Of Tamil Nadu

2025-08-13Honourable Mr Justice P.Vadamalai6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 13.08.2025 PRESENT The Hon`ble Mr.Justice P.VADAMALAI Vinish ... Petitioner/Accused No.1 Vs The State of Tamilnadu rep. by The Inspector of Police, Thuckalay Police Station, Kanyakumari District.

(Crime No.455 of 2025) ... Respondent/ Complainant For Petitioner : Mr.P.T.Ramesh Raja, Advocate.

For Respondent : Mr.B.Thanga Aravindh, Government Advocate (Crl. Side) PETITION FOR BAIL Under Section 483 B.N.S.S.

PRAYER :- For Bail in Crime No.455 of 2025 on the file of the Respondent police. ORDER : The Court made the following order :- The petitioner / Accused No.1, who was arrested and remanded to judicial custody on 27.06.2025 for the offences punishable under Sections 8(c), 20(b)(ii)(B), 22 1/6

(a) and 29(1) of Narcotic Drugs and Psychotropic Substances Act, 1985 in Crime No.455 of 2025 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that on 27.06.2025, on receipt of secret information, the respondent police went to Iraviputhurkadai Manjadi Iraiyankulam and on seeing the police party, the petitioner and the accused 2 to 4 tried to escape from that place and the respondent police caught hold of them, that on search, it was found that they were in illegal possession of 1.250 kg of Ganja and 3.200 gm of Methamphetamine and they have arrested them and that on the basis of the confession of the petitioner, the fifth accused Rajesh Kumar was implicated in this case.

3. The learned counsel appearing for the petitioner would submit that the petitioner is an innocent person and he has not committed any offences as alleged by the prosecution. He would further submit that the petitioner is no way connected with the case and that a false case has been lodged as against the petitioner. 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 27.06.2025 nearly 46 days. Hence, he seeks bail.

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4. The learned Government Advocate (Criminal Side) appearing for the respondent police would submit that there are totally 5 accused and that the fifth accused had supplied Ganja to the petitioner and the other accused for the purpose of selling the same and when the petitioner and the accused 2 to 4 tried to sell the Ganja, the respondent police arrested them. He would further submit that the properties were recovered by the respondent police, that the fourth accused was granted bail by the Principal Special Court for NDPS Act cases, Madurai in Crl.M.P.No.3062 of 2025 dated 06.08.2025 and that the petitioner is having five previous cases under the IPC offence. Hence, he objected to grant bail to the petitioner.

5. Taking into consideration of the facts and circumstances of the case and considering the fact that the entire properties have already been recovered and also the fact that the fourth accused was already released on bail and taking note of the fact that the petitioner remanded into judicial custody on 27.06.2025, taking into consideration of the period of incarceration, this court is inclined to grant bail to the petitioner, subject to the following conditions: 3/6

6. Accordingly, 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 Narcotic Drugs and Psychotropic Substances Act cases, 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;

[b] the petitioner shall furnish his residential address and contact number to the Principal Special Court for Narcotic Drugs and Psychotropic Substances Act cases, Madurai. If the petitioner changes his residential address, he shall report the same to the Principal Special Court for Narcotic Drugs and Psychotropic Substances Act cases, Madurai;

[c] the petitioner shall appear and sign before the respondent police daily two times at 10.00 a.m. and 05.00 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 BNS.

sd/- 13/08/2025 / TRUE COPY / /08/2025 Sub-Assistant Registrar (CS-I/II/III/IV) Madurai Bench of Madras High Court, Madurai - 625 023.

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TO

1. The Principal Special Court for Narcotic Drugs and Psychotropic Substances Act cases, Madurai.

2. The Superintendent, District Prison, Nagercoil, Kanyakumari District.

3. The Inspector of Police, Thuckalay Police Station, Kanyakumari District.

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

ORDER

IN CRL OP(MD) No.13533 of 2025 Date :13/08/2025 PR/14.08.2025 6P/5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 6/6