The court has the discretion to grant bail to an accused person, considering the facts and circumstances of the case, including the nature and gravity of the offence, the quantity of Ganja recovered, and the antecedents of the accused.

CRL OP(MD). No.640 of 2023

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

( Criminal Jurisdiction )

Date : 11/01/2023

PRESENT

The Hon`ble Mr.Justice A.D.JAGADISH CHANDIRA

CRL OP(MD). No.640 of 2023

Shanmugaraja

... Petitioner/Accused

Vs

State Rep.by

The Inspector of Police,

Tirunelveli Town Police Station,

Tirunelveli District.

ICrime No.264 of 2022.

... Respondent/Complainant

For Petitioner : M/s.Ananthkumar.M, Advocate.

For Respondent : Mr.T.Senthilkumar,

Additional Public Prosecutor

PETITION FOR BAIL Under Sec.439 of Cr.P.C.

PRAYER :-

For Bail in Crime No.264 of 2022 on the file of the Respondent

Police.

ORDER : The Court made the following order :-

The petitioner/Accused, who was arrested and remanded to

judicial custody on 16.12.2022 for the offence punishable under

Sections 8(c) and 20(b)(ii)(A) of NDPS Act and Section 77 of JJ Act

in crime No.264 of 2022 on the file of the respondent police, seeks

bail.

2.The case of the prosecution is that the petitioner was found

in illegal possession of 20 grams of Ganja. Hence, the complaint.

3.The learned counsel appearing for the petitioner would submit

that the petitioner is aged about 23 years and he is a load man and

the possession recovered from him is a minimum quantity, which was

possessed by him for his personal consumption and he has no previous

case pending against him. Hence, he seeks for bail.

4.The learned Additional Public Prosecutor appearing for the

respondent would submit that the petitioner was found in illegal

possession of 20 grams of Ganja and he has possessed for his

personal consumption.

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CRL OP(MD). No.640 of 2023

5.Heard. Perused the materials available on record including

the First Information Report.

6.Taking into consideration of the facts and submissions made

by the learned counsels and also taking note of the period of

incarceration, this court is inclined to grant bail to the

petitioner , subject to the following conditions:

[a] Accordingly, the petitioner is ordered to be released on

bail on condition to execute a bond for a sum of Rs.10,000/- (Rupees

Ten Thousand only) with two sureties (in which one should be either

the father or mother) each for a like sum to the satisfaction of the

learned Judicial Magistrate No.IV, Tirunelveli, and on further

conditions that:

[b] 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.

[c] the petitioner shall report before the respondent police

daily at 10.30 A.M., until further orders.

[d] the petitioner shall not commit any offences of similar

nature.

[e] the petitioner shall not abscond either during

investigation or trial.

[f] the petitioner shall not tamper with evidence or witness

either during investigation or trial.

[g] On breach of any of the aforesaid conditions, the learned

Judicial 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].

[h] If the accused thereafter absconds, a fresh FIR can be

registered under Section 229A IPC.

sd/-

11/01/2023

/ TRUE COPY /

11/01/2023

Sub-Assistant Registrar (C.S.)

Madurai Bench of Madras High Court,

Madurai - 625 023.

SJI

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CRL OP(MD). No.640 of 2023

TO

1 THE JUDICIAL MAGISTRATE NO.IV