Minor Dhanushkodi v. State Of Tamil Nadu Rep. By, The Inspector Of Police,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 20/12/2024 PRESENT The HONOURABLE MR. JUSTICE N.ANAND VENKATESH Minor Dhanushkodi ... Petitioner/Accused No.4 Vs State of Tamil Nadu Rep. By, the Inspector of Police,, S.S.Colony City Police Station, Madurai City, In Crime No.766 of 2024.
... Respondent/Complainant For Petitioner : Mr.S.Srikanth, For Respondent : Mr.S.Ravi, Additional Public Prosecutor PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- For Bail in Crime No.766 of 2024 on the file of the respondent Police. 1/5
ORDER : The Court made the following order :- The petitioner/A4, who was arrested and remanded to judicial custody on 24.11.2024 for the offences under Sections 8(c) and 20(b)(ii)(B) of NDPS Act in Crime No.766 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 1.500 Kg of Ganja. There are totally four accused persons in this case and the petitioner has been arrayed as A4 and he is juvenile offender.
3. Heard the learned Counsel appearing on either side. 4.Taking into consideration the facts and circumstances of the case and considering the quantity involved in this case and taking note of the age of the petitioner and also considering the fact that there are no previous cases against the petitioner under the NDPS 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 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.V, Madurai, 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 as and when required for interrogation.
[c] the petitioner shall appear before the trial Court during every hearing date without fail.
[d] the petitioner shall not tamper with evidence or witness either during investigation or trial.
[e] the petitioner shall not abscond either during investigation or trial. [f] 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
[g] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 BNS 2023.
sd/- 20/12/2024 / TRUE COPY / 20/12/2024 Sub-Assistant Registrar ( ) Madurai Bench of Madras High Court, Madurai - 625 023.
LR TO 1 THE JUDICIAL MAGISTRATE NO.V MADURAI.
2 DO-THROUGH :
THE CHIEF JUDICIAL MAGISTRATE, MADURAI DISTRICT. 3 THE OFFICER INCHARGE, MINOR JAIL, MADURAI.
4 THE INSPECTOR OF POLICE, S.S.COLONY CITY POLICE STATION, MADURAI CITY, 5 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
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ORDER
IN CRL OP(MD) No.22817 of 2024 Date :20/12/2024 SA/SAR- /20/12/2024/ 5P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5