Sivadass v. The State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 22/10/2024 PRESENT The Hon`ble Mr.Justice D.BHARATHA CHAKRAVARTHY Sivadass ... Petitioner/Sole Accused Vs The State of Tamil Nadu, Rep by the Inspector of Police, Bodinayakkanur Town Police Station, Theni District.

(Crime No. 293/2024.) ... Respondent/Complainant For Petitioner :

Mr.M.Jerin Mathew, Advocate.

For Respondent :

Mr.R.M.Anbunithi, Additional Public Prosecutor PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- For Bail in Crime No.293 of 2024 on the file of the respondent police. 1/5

ORDER : The Court made the following order :- The petitioner/Sole Accused, who was arrested and remanded to judicial custody on 16.08.2024 for the offences under Sections 8(c) and 20(b)(ii)(A) of NDPS Act and Section 77 of the Juvenile Justice Act, 2015, in Crime No.293 of 2024, on the file of the respondent police, seeks bail.

2.The case of the prosecution is that the respondent police intercepted the petitioner and recovered 100 grams of ganja.

3.Heard. Perused the materials available on record including the First Information Report.

4.Considering the nature allegations against the petitioner that the petitioner is found to be in possession of 100 grams of Ganja and the age of the petitioner and the fact that the petitioner has completed 10th standard of education, thereafter doing construction work, I am inclined to enlarge the petitioner on bail, subject to the following conditions:

[a] Accordingly, the petitioner is ordered to be released on bail on condition to execute 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, Bodinayakkanur, and on further conditions that: [b] the sureties shall affix their photographs and Left Thumb Impression in the 2/5

surety bond and the Magistrate may obtain a copy of their Aadhar card or Bank Pass Book to ensure their identity.

[c] the petitioner shall stay at Chennai and report before the Inspector of Police, C-1 Flower Bazaar Police Station, Chennai, daily at 07.30 p.m. for a period of two months, from 05.11.2024.

[d]the petitioner is joining any work as a laborer, the same shall be informed to the said Flower Bazaar Police Station and also the respondent police, who shall ensure that the petitioner goes for the work for a period of two months. [e] the petitioner shall report before the respondent police daily at 10.30 a.m. for a period three weeks and thereafter, as and when required for interrogation. [f] the petitioner shall not commit any offences of similar nature. [g] the petitioner shall not abscond either during investigation or trial. [h] the petitioner shall not tamper with evidence or witness either during investigation or trial.

[i] On breach of any of the aforesaid conditions, the learned Judicial 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]. 3/5

[j] If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.

sd/- 22/10/2024 / TRUE COPY / 22/10/2024 Sub-Assistant Registrar ( ) Madurai Bench of Madras High Court, Madurai - 625 023.

SJI To 1.The Judicial Magistrate, Bodinayakkanur.

2Do through the Chief Judicial Magistrate, Theni District.

3.The Inspector of Police, Bodinayakkanur Town Police Station, Theni District.

4.The Officer Incharge, Sub Jail, Uthamapalayam.

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

Copy to:

The Inspector of Police, C-1 Flower Bazaar Police Station, Chennai.

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ORDER

IN CRL OP(MD) No.17989 of 2024 Date :22/10/2024 ED/ /SAR- (22/10/2024) 5P / 7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5