Manojkumar v. The State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 20/11/2024 PRESENT The Hon`ble Mr.Justice N.ANAND VENKATESH CRL OP(MD). No.20169 of 2024 Manojkumar, S/o.Chinna Madasamy, ... Petitioner/Accused No.3 Vs The State of Tamil Nadu, The Sub Inspector of Police, Koodalpudhur Police Station, Madurai.

Crime No.605/2024..

... Respondent/Complainant For Petitioner : Mr.Venkatesan, Advocate.

For Respondent : Mr.S.Ravi, Additional Public Prosecutor PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- For Bail in Crime No.605/2024 on the file of the respondent Police. ORDER : The Court made the following order :- The petitioner /Accused No.3, who was arrested and remanded to judicial custody on 22.09.2024 for the offence under Sections 8A(C), r/w 20(b)(ii)(B), 29(1) of

the Narcotic Drugs and Psychotropic Substances Act, 1985 in Crime No.605 of 2024, on the file of the respondent Police, seeks bail.

2. The case of the prosecution is that the accused persons were found in possession of 1.600 kgs of ganja. There are totally four accused persons in this case and the petitioner has been arrayed as Accused No.3.

3. Heard the learned counsel appearing for the petitioner and the learned Additional Public Prosecutor appearing for the respondent Police.

4. Taking into consideration the facts and circumstances of the case and considering the quantity of the contraband involved in this case and also considering the fact that the petitioner has suffered incarceration from 22.09.2024 and the co-accused persons have been enlarged on bail by the Special Court by an order dated 23.10.2024, this Court is inclined to grant bail to the petitioner subject to the following conditions:

6. Accordingly, the petitioner is ordered to be released on bail on his 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 No.IV, 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 appear 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 269 of BNS, 2023.

sd/- 20/11/2024 / TRUE COPY / /11/2024 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE NO.IV, MADURAI.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, MADURAI.

3 THE SUB INSPECTOR OF POLICE, KODDALPUDHUR POLICE STATION,MADURAI.

4 THE SUPERINTENDENT, CENTRAL PRISON, MADURAI.

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

+1. CC to M/S.RIGHT LAW ASSOCIATES Advocate SR.No.66465

ORDER

IN CRL OP(MD) No.20169 of 2024 Date :20/11/2024 MGJ(20.11.2024) 4P 7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17.07.2023