Sasikumar v. The State Of Tamilnadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 01.10.2024 PRESENT The Hon`ble Mr.Justice D.BHARATHA CHAKRAVARTHY Sasikumar ... Petitioner/Accused Rank No.1

Versus

The Inspector of Police, PEW-Srivilliputhur Police Station, Virudhunagar District.

(Cr.No.521 of 2024) ... Respondent/Complainant For Petitioner :

Mr.D.Rajaboopathy, Advocate For Respondent :

Mr.R.M.Anbunithi Additional Public Prosecutor PETITION FOR BAIL UNDER SEC 483 of BNSS PRAYER :- For bail in Crime No.521 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 24.07.2024 for the offences punishable under Sections 8(C), 20(b)(ii)B & Section 25 of Narcotic Drugs & Psychotropic Substances Act, in crime No.521 of 2024, on the file of the respondent police, seeks bail.

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2.The case of the prosecution is that the petitioner and the other accused were in illegal possession of 2 Kgs of ganja.

3.Heard the learned counsel on either side and perused the material records of the case.

4.Considering the nature of allegations in this case that totally all the accused are said to be in possession of 2 kilograms of ganja and from each of them, 500 grams were recovered and considering the fact that the petitioner is in judicial custody from 24.07.2024, 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 Additional District and Sessions Judge/Presiding Officer Special Court for E.C and NDPS Act Cases, Pudukkottai, Pudukkottai District.

(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 a period of three weeks and thereafter as and when required for interrogation.

by this court;

(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/- 01/10/2024 / TRUE COPY / 01/10/2024 Sub-Assistant Registrar Madurai Bench of Madras High Court, Madurai - 625 023.

jbr TO 1 THE ADDITIONAL DISTRICT AND SESSIONS JUDGE / PRESIDING OFFICER, SPECIAL COURT FOR EC AND NDPS ACT CASES, PUDUKKOTTAI. 2 THE INSPECTOR OF POLICE, PEW - SRIVILLIPUTHUR POLICE STATION, VIRUDHUNAGAR DISTRICT.

3 THE OFFICER INCHARGE, DISTRICT JAIL, VIRUDHUNAGAR, VIRUDHUNAGAR DISTRICT.

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

ORDER

IN CRL OP(MD) No.16084 of 2024 Date :01/10/2024 RS//SAR-(01.10.2024) 4P 5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4