Santhoshkumar v. The State Of Tamil Nadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 23.09.2025 PRESENT THE HONOURABLE MRS. JUSTICE S.SRIMATHY CRL OP(MD). No.16095 of 2025 1.Santhoshkumar 2.Masoothan ... Petitioners/ Accused Vs The State of Tamilnadu, Rep by the Sub-Inspector of Police, Authoor Police Station, Thoothukudi District.
(Crime No.159 of 2025) ... Respondent/Complainant For Petitioners : M/s.G.Divyabharathi For Respondent : Mr.E.Antony Sahaya Prabahar Additional Public Prosecutor PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- For Bail in Crime No.159 of 2025 on the file of the respondent police.
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ORDER : The Court made the following order :- The petitioners, who were arrested and remanded to judicial custody on 28.08.2025 for the offences punishable under Sections 8(c), 20(b)(ii)(A) of NDPS Act and under Section 77 of Juvenile Justice Act 2015, in Crime No.159 of 2025 on the file of the respondent police. seek bail.
2. The case of the prosecution is that the petitioners were found in illegal possession of 250 grams of Ganja. Hence, the complaint.
3. The learned counsel for the petitioners submitted that the petitioners are innocent persons and they have not committed any offences as alleged by the prosecution. He further submitted that the petitioners are ready and willing to abide by any conditions which may be imposed by this Court and they are in judicial custody from 28.08.2025. Hence, he seeks bail to the petitioners.
4. The learned Government Advocate (Criminal Side) submitted that there are three previous cases pending against the 1st petitioner and 2/6
there are four previous cases pending against the second petitioner. He further submitted that the investigation has been completed. However, he opposed for grant of bail to the petitioners.
5. Taking into consideration of the facts and circumstances of the case and also the fact that the quantity of the contraband is not commercial and the investigation has been completed and considering the period of incarceration suffered by the petitioners, this Court is inclined to grant bail to the petitioners, subject to the following conditions:
6. Accordingly, the petitioners are ordered to be released on bail on executing a separate 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, Tiruchendur, Thoothukudi District,, 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.
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[b] the petitioners shall report before the respondent police daily at 10.30 a.m.,until further orders. [c] the petitioners shall not abscond either during investigation or trial.
[d] the petitioners shall not tamper with evidence or witness 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 petitioners in accordance with law as if the conditions have been imposed and the petitioners 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 BNS.
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To
1. The learned Judicial Magistrate, Tiruchendur, Thoothukudi District.
2. The Superintendent, District Prison Perurani, Thoothkudi District.
3.The Sub-Inspector of Police, Authoor Police Station, Thoothukudi District.
4. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
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S.SRIMATHY,J.
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ORDER
IN CRL OP(MD) No.16095 of 2025 Date : 23.09.2025 6/6