Muniyammal v. The State Of Tamilnadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 13.12.2024 PRESENT The Hon`ble Mr.Justice N.ANAND VENKATESH 1.Muniyammal 2.Gobi, ... Petitioners /A2 & A3 Vs The State of Tamil Nadu represented by the Inspector of Police, Rajathani Police Station, Theni District.
(Crime No.240 of 2024) ... Respondent / Complainant For Petitioners : Mr.M.Karunanithi, Advocate.
For Respondent : Mr.S.Ravi, Additional Public Prosecutor PETITION FOR BAIL Under Sec.483 of BNSS,2023. PRAYER :- For Bail in Crime No.240 of 2024 on the file of the respondent Police. 1/5
ORDER : The Court made the following order :- The petitioners / A2 and A3, who were arrested and remanded to judicial custody on 06.11.2024 for the alleged offences under Sections 8(c), 20(b)(ii)(A) and 29(1) of the Narcotic Drugs & Psychotropic Substances Act, 1985 read with Section 77 of the Juvenile Justice (Care and Protection of Children) Act, 2015 in Crime No.240 of 2024, on the file of the respondent police, seek bail.
2. The case of the prosecution is that the accused persons were found in possession of 110 grams of Ganja. There are totally three accused persons in this case and the petitioners have been arrayed as A2 and A3.
3. Heard the learned counsel on either side, and perused the material records of the case.
4. Taking into consideration the facts and circumstances of the case, and considering the quantity involved in this case, and taking note of the fact that there is one previous case as against A2 and no previous case as against A3, and also considering the fact that both the petitioners have suffered incarceration from 2/5
06.11.2024, this Court is inclined to grant bail to the petitioners subject to the following conditions:
5. Accordingly, the petitioners are 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, Andipatti, Theni 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 petitioners shall appear before the respondent police every monday and friday at 10.30 a.m. for a period of six weeks and thereafter, as and when required for the interrogation.
[c] the petitioners shall not tamper with evidence or witness either during investigation or trial.
[d] the petitioners 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 petitioners in accordance with law as if the conditions have been imposed and the petitioners released on bail by the 3/5
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/- 13/12/2024 / TRUE COPY / 13 /12/2024 Sub-Assistant Registrar (VIGILANCE) Madurai Bench of Madras High Court, Madurai - 625 023.
mkn TO 1.THE JUDICIAL MAGISTRATE, ANDIPATTI, THENI DISTRICT 2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, THENI.
3.THE SUPERINTENDENT CENTRAL PRISON FOR WOMEN, MADURAI.
4.THE OFFICER-IN-CHARGE, SUB JAIL, THENI DISTRICT.
5.THE INSPECTOR OF POLICE, RAJATHANI POLICE STATION, THENI DISTRICT.
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6.THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1 CC to M/s.M.KARUNANITHI, Advocate ( SR-15380[I] dated 13/12/2024 )
ORDER
IN CRL OP(MD) No.22074 of 2024 Date :13/12/2024 RK (13/12/2024) 5P / 8C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5