Jerald Pushparaj Vs The State of Tamil Nadu

The petitioner / Accused, who was arrested and remanded to judicial custody on 08.06.2025 for the offences punishable under Sections 8(c), 20(b)(ii)(A) of NDPS

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

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CRL OP(MD).No.10622 of 2025

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Act and Section 77 of the Juvenile Justice Act in Crime No.281 of 2025 on the file of the respondent police, seeks bail.

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The case of the prosecution is that the respondent police found that the petitioner was in illegal possession of 50grams of ganja. Hence, the case.

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The learned counsel for the petitioner would submit that the petitioner is an innocent person and he has not committed any offences as alleged by the prosecution. The petitioner is ready and willing to abide and conditions that may be imposed by this Court. He would further submit that the petitioner is in custody from 08.06.2025 nearly 13 days. Hence, he seeks bail.

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The learned Government Advocate (Criminal Side) would submit that the respondent found that the petitioner was in illegal possession of 50 grams of ganja and trying to sell the same to the school and college going students. In this case, the entire contraband was seized from the petitioner/accused. The petitioner is having three previous cases. Hence, he strongly objected to grant bail to the petitioner.

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Taking into consideration of the facts and circumstances of the case and also taking note of the fact that in this case, the entire contraband was seized by the respondent police, the petitioner/accused remanded into judicial custody on 08.06.2025, taking into consideration of the period of incarceration, this court is inclined to grant bail to the petitioner, subject to the following conditions:

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

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CRL OP(MD).No.10622 of 2025

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Accordingly, the petitioner is ordered to be released on bail on 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 of Judicial Magistrate, Periyakulam, Theni District and on further conditions that :-

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[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.

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[b] The petitioner shall furnish his residential address and contact number to the Judicial Magistrate, Periyakulam, Theni District. If the petitioner changes his residential address, he shall report the same to the Judicial Magistrate, Periyakulam, Theni District;

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[c] the petitioner shall appear and sign before the respondent police daily twice at 10.30 a.m., and 05.30p.m. until further orders.

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[d] the petitioner shall not abscond either during investigation or trial.

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[e] the petitioner shall not tamper with evidence or witness either during investigation or trial.

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[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

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

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CRL OP(MD).No.10622 of 2025

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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].

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[g] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 BNS.

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sd/25/06/2025