Akshya Mahananda Vs State Rep.by

PRAYER : Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, to grant bail to the petitioners/accused in Crime No.596 of 2025 on the file of the respondent police.

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For Petitioner(s) : M/s. S. Vasavi Sridevi For Respondent(s) : Mr. A. Gopinath Government Advocate (Crl. Side)

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https://www.mhc.tn.gov.in/judis

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Crl.O.P.No.29160 of 2025

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ORDER

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The petitioners, who were arrested and remanded to judicial custody on 29.09.2025 for the offences punishable under Sections 8(c) r/w 20(b)(ii)(B) and 29(1) of NDPS Act, 1985 in Crime No.596 of 2025, registered on the file respondent police, seek bail.

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The case of the prosecution is that on 29.09.2025, based on a

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secret information, the respondent police went to the spot and seized 8.8 kilograms of ganja from the petitioners. Hence, this case.

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The learned counsel appearing for the petitioners submitted

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that the petitioners have been falsely implicated in this case and the petitioners are in judicial custody since 29.09.2025; and that the petitioners

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are ready to abide by any conditions that may be imposed by this Court and sought for bail to the petitioners.

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The learned Government Advocate (Crl. Side) appearing for

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the respondent while opposing the bail to the petitioners reiterated the prosecution case and stated that there are totally six accused involved in 2/6

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https://www.mhc.tn.gov.in/judis

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Crl.O.P.No.29160 of 2025

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this case and the petitioners are arrayed as A1 to A6; that the petitioners are hailing from Odisha and they have no previous antecedents; that the quantity of contraband involved in this case is of intermediate quantity; and that the investigation of this case is pending.

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Considering the facts and circumstances of the case, the quantity of contraband seized is of intermediate quantity, the petitioners have no previous antecedents and the period of incarceration undergone by

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the petitioners, this Court is inclined to grant bail to the petitioners with certain conditions.

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Accordingly, the petitioners are ordered to be released on bail

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on their executing a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) with two sureties each , for a like sum to the satisfaction

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of the learned Judicial Magistrate II, Tirupur and on further conditions that:

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[a] the sureties shall affix their photographs and Left Thumb Impression in the Application for Surety ship [Judicial Form No.46 annexed to 'The Criminal Rules of Practice, 2019']. The learned Magistrate shall obtain a copy of any one

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Crl.O.P.No.29160 of 2025

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of the identity proofs to ensure their identity;

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[b] the petitioners shall report before the learned Judicial Magistrate II, Tirupur daily at 10:30 a.m., for a period of four weeks and thereafter, as and when required for interrogation by the respondent police;

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[c] On breach of any of the aforementioned conditions, the learned Magistrate/Trial Court is entitled to pass appropriate orders against the petitioners in accordance with law as if the aforementioned 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)13 SCC 283 ];

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[d] If the accused thereafter abscond, a fresh FIR can be registered under Section 269 of B.N.S.

27.10.2025

stn

Note :

Registry is directed to forthwith upload this order in the Official Website of this Court.

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Crl.O.P.No.29160 of 2025

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All concerned to act on this order being uploaded in Official Website of this Court without insisting on certified hard copies. To be noted, this order when uploaded in the official website of this Court will be watermarked and will also have a QR code.

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To

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