Seenivasan @ Srinivasan v. The State Of Tamilnadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 10/12/2024 PRESENT The HONOURABLE MR. JUSTICE N.ANAND VENKATESH Seenivasan @ Srinivasan ... Petitioner/Accused No.2 Vs The State of Tamilnadu, Rep By, The Inspector of Police, Gandhi Market Police Station, Trichy City, (Cr.No.753/2024.) ... Respondent/Complainant For Petitioner :
Mr.B.Santhanam Rajesh Kumar, Advocate.
For Respondent :
Mr.S.Ravi, Additional Public Prosecutor PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- For Bail in Cr.No.753 of 2024 on the file of the respondent police. 1/5
ORDER : The Court made the following order :- The petitioner / Accused No.2, who was arrested and remanded to judicial custody on 20.11.2024 for the offences under Section 123 of BNS and Section 18(c) of Drugs and Cosmetic Act, 1940 in Crime No.753 of 2024 on the file of the respondent Police, seeks bail.
2. The case of the prosecution is that Accused No.1 is a whole sale drug dealer. He is said to have sold the pain killer to Accused Nos.2 to 4 without any bills. In turn, Accused Nos.2 to 4 were injecting the pain killer to load men. When this incident came to light, the accused persons were arrested and pain killer drug was also seized. There are totally four accused persons in this case and the petitioner has been arrayed as Accused No.2.
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 fact that the drug has already been seized and there are no previous cases against the petitioner and the petitioner has suffered incarceration from 20.11.2024, 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 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 Judicial Magistrate No.5, Tricy, Trichy 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.
[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/- 10/12/2024 / TRUE COPY / 10/12/2024 Sub-Assistant Registrar ( ) Madurai Bench of Madras High Court, Madurai - 625 023.
TSG To 1.The Judicial Magistrate No.V, Trichy, Trichy District.
2.Do through the Chief Judicial Magistrate, Trichy District.
3.The Inspector of Police, Gandhi Market Police Station, Trichy City.
4.The Superintendent, Central Prison, Trichy, Trichy District.
5.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
ORDER
IN CRL OP(MD) No.21660 of 2024 Date :10/12/2024 4/5
ED/ /SAR- (10/12/2024) 5P / 6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5