Sethupathi v. The State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 13/11/2024 PRESENT The Hon`ble Mr.Justice N.ANAND VENKATESH Sethupathi ... Petitioner/Accused 1 Vs The State of Tamil Nadu, Rep. By, the Inspector of Police, Perugudi Police Station, Madurai District.

(Crime No.171/2024). ... Respondent/Complainant For Petitioner : Mr.S.Muthukumar, Advocate For Respondent : Mr.S.Ravi, Additional Public Prosecutor PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- For Bail in Crime No.171 of 2024 on the file of the respondent police. ORDER : The Court made the following order :- The petitioner/A1, who was arrested and remanded to judicial custody on 13.10.2024 for the offences under Sections 8(c) r/w, 20(b)(ii)(A), 29(1) of NDPS Act r/w 77 of Juvenile Justice Act, 2015 in Crime No.171 of 2024 on the file of the 1/4

respondent police, seeks bail.

2. The case of the prosecution is that the accused persons were found in possession of 250 grams of ganja. There are totally two accused persons and the petitioner has been arrayed as A1.

3. Heard the learned counsel appearing for the petitioner and the learned learned Government Advocate (Crl.Side) appearing for the respondent. 4.The learned Additional Public Prosecutor submitted that the petitioner has three previous cases, out of which, two cases pertains to NDPS cases, where in between quantity is involved.

5.Taking into consideration the facts and circumstances of the case and also considering the quantum of contraband that was seized from the petitioner and the fact that the petitioner has suffered incarceration from 13.10.2024, this Court is inclined to grant bail to the petitioner subject to the following conditions.

6. 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, each for a like sum to the satisfaction of the learned Judicial Magistrate, Thirumangalam, 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 2/4

their Aadhar card or Bank pass Book to ensure their identity; [b] the petitioner shall report before the respondent police daily 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/- 13/11/2024 / TRUE COPY / 13/11/2024 Sub-Assistant Registrar Madurai Bench of Madras High Court, Madurai - 625 023.

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PNM TO 1 THE JUDICIAL MAGISTRATE, THIRUMANGALAM.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, MADURAI.

3 THE SUPERINTENDENT, CENTRAL PRISON, MADURAI.

4 THE INSPECTOR OF POLICE, PERUGUDI POLICE STATION, MADURAI DISTRICT.

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

ORDER

IN CRL OP(MD) No.19097 of 2024 Date :13/11/2024 SA/SAR. /13.11.2024/4P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023. 4/4