Mathan v. The State Of Tamilnadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 08/11/2024 PRESENT The Hon`ble Mr.Justice N.ANAND VENKATESH Mathan ... Petitioner/Accused No.3 Vs The State of Tamilnadu, Rep by the Inspector of Police, Tirunelveli Town Police Station, Tirunelveli City, Crime No. 236 of 2024.
... Respondent/Complainant For Petitioner : M/s. Mathavaselvam, Advocate For Respondent : Mr.B.Thanga Aravindh, Government Advocate (Crl.Side) PETITIONS FOR BAIL Under Sec.483 of BNSS PRAYER :- For Bail in Crime No.236 of 2024 on the file of the respondent police. ORDER : The Court made the following order :- The petitioner/A3, who was arrested and remanded to judicial custody on 07.10.2024 for the offences under Section 123 of BNS Act in Crime No.236 of 2024 on the file of the respondent police, seeks bail.
2. The case of the prosecution is that during patrolling duty on 06.10.2024, 1/4
the accused persons were intercepted and they were found in possession of 45 Tapentadol tablets, which is highly sedative and intoxicative. The same was seized and the accused persons were arrested. There are totally three accused persons and the petitioner is arrayed as A3.
3. Heard the learned counsel appearing for the petitioner and the learned learned Government Advocate (Crl.Side) appearing for the respondent. 4.Taking into consideration the facts and circumstances of the case and also considering the fact that the petitioner is aged about only 18 years and he is a school going student and the tablets have already been seized and this petitioner has suffered incarceration from 07.10.2024 and also the fact that there are no previous cases against the petitioner, this Court is inclined to grant bail to the petitioner subject to the following conditions.
5. Accordingly, the criminal original petition is ordered 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 (one surety shall be blood relative of the petitioner), each for a like sum to the satisfaction of the learned Judicial Magistrate No.IV, Tirunelveli, 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 2/4
Book to ensure their identity;
[b] the petitioner shall report before the respondent police on every Monday and Friday at 05.30 p.m., until further orders; [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/- 08/11/2024 / TRUE COPY / 08 / 11 /2024 Sub-Assistant Registrar Madurai Bench of Madras High Court, Madurai - 625 023.
PNM 3/4
TO 1 THE JUDICIAL MAGISTRATE NO.IV, TIRUNELVELI.
2 DO-THROUGH :
THE CHIEF JUDICIAL MAGISTRATE, THIRUNELVELI DISTRICT. 3 THE SUPERINTENDENT, CENTRAL PRISON, PALAYAMKOTTAI.
4 THE INSPECTOR OF POLICE, TIRUNELVELI TOWN POLICE STATION, TIRUNELVELI CITY,
5. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1. CC to M/S. MATHAVASELVAM Advocate SR.No.13766 (I) dated 08/11/2024
ORDER
IN CRL OP(MD) No.19287 of 2024 Date :08/11/2024 PSP/ /SAR /08.11.2024/ 4P/ 7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4