Akash Mariappan v. The State Of Tamil Nadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 27/11/2024 PRESENT The HONOURABLE MR. JUSTICE N.ANAND VENKATESH Akash Mariappan ... Petitioner/Sole Accused Vs The State of Tamil Nadu, Rep By, The Inspector of Police, PEW Kovilpatti Police Station, Thoothukudi District, Cr.No.489 of 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 Cr.No.489 of 2024 on the file of the respondent police. ORDER : The Court made the following order :- * The petitioner / Sole Accused, who was arrested and remanded to judicial custody for the offences under Sections 8(c), 20(b)(ii)(A) of the Narcotic Drugs and Psychotropic Substances Act, 1985 and Section 77 of the Juvenile Justice (Care and Protection of Children) Act, 2015 in Crime No.489 of 2024 on the file of the respondent police, seeks bail.
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2. The case of the prosecution is that the petitioner was found in possession of 200 grams of Ganja.
3. Heard the learned counsel appearing for the petitioner and the learned learned Additional Public Prosecutor appearing for the respondent. 4.Taking into consideration the facts and circumstances of the case and considering the quantity of contraband that was seized from the petitioner and considering the fact that the petitioner has suffered incarceration from 20.10.2024 and one previous case against the petitioner pertaining of offence under Tamil Nadu Prohibition Act, 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, each for a like sum to the satisfaction of the learned Judicial Magistrate No.I, Kovilpatti, 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 on 2/4
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 269 of BNS Act.
sd/- 27/11/2024 (* Corrected as per order of the Court dated 29.11.2024 in CRL OP(MD) No.20648 of 2024) / TRUE COPY / 29/11/2024 Sub-Assistant Registrar (C.S.I /II /III /IV ) Madurai Bench of Madras High Court, Madurai - 625 023.
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PNM TO TO BE SUBSTITUTED WITH THE ORDER DATED 27.11.2024 ALREADY DESPATCHED 1 THE JUDICIAL MAGISTRATE NO.I, KOVILPATTI.
2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, THOOTHUKUDI DISTRICT.
3 THE OFFICER INCHARGE, SUB JAIL, KOVILPATTI.
4 THE INSPECTOR OF POLICE, PEW KOVILPATTI POLICE STATION, THOOTHUKUDI DISTRICT, 5 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
ORDER IN CRL OP(MD) No.20648 of 2024 Date :27/11/2024 SA/SAR. /27.11.2024/4P/6C ED/ /SAR- (29/11/2024) 4P / 6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4