Selvakumar v. The State Of Tamil Nadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 29/11/2024 PRESENT The HONOURABLE MR. JUSTICE N.ANAND VENKATESH Selvakumar ... Petitioner/Accused No.3 Vs The State of Tamil Nadu, The Inspector of Police, Thiruvaiyaru Police Station, Thanjavur District.
(Crime No.498/2024.) ... Respondent/Complainant For Petitioner :
Mr.M.Prabu, Advocate.
For Respondent :
Mr.S.Ravi, Additional Public Prosecutor PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- For Bail in Crime No.498/2024 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 12.10.2024 for the offences under Sections 8(c), 20(b)(ii)(B), 22(a) of NDPS 1/5
Act in Crime No.498 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 1.110 kgs of ganja, 150 gms of diazpam and also syringes. There are totally three accused persons in this case and the petitioner has been arrayed as Accused No.3.
3. The learned Additional Public Prosecutor appearing for the respondent Police submitted that after registration of this case, the petitioner was involved in yet another case in Crime No.531 of 2024, wherein, he was found in possession of 200 gms of ganja.
4. The learned counsel appearing for the petitioner submitted that the petitioner has suffered incarceration in this case from 12.10.2024 and that in the other case in Crime No.531 of 2024, the petitioner was released on bail on his own bond.
5. Taking into consideration the facts and circumstances of the case and considering the quantity involved in this case and also considering the fact that Accused Nos.1 and 2 have already been enlarged on bail and the petitioner has suffered incarceration from 12.10.2024, 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 2/5
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 Special Court under Essential Commodities Act, Thanjavur 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 report before the respondent police every Monday and Friday at 05.30 p.m., for a period of six weeks and thereafter as and when required for interrogation.
[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]. 3/5
[f] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of BNS, 2023.
sd/- 29/11/2024 / TRUE COPY / 29/11/2024 Sub-Assistant Registrar (C.S.I /II /III /IV ) Madurai Bench of Madras High Court, Madurai - 625 023.
TSG To 1.The Judge, Special Court under Essential Commodities Act, Thanjavur.
2.The Inspector of Police, Thiruvaiyaru Police Station, Thanjavur District.
3.The Officer Incharge, District Jail, Pudukottai.
4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
ORDER
IN CRL OP(MD) No.20858 of 2024 Date :29/11/2024 4/5
ED/ /SAR- (29/11/2024) 5P / 5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5