Mottakundu @ Ganesamoorthy Vs The State of Tamilnadu

The case of the prosecution is that the accused persons were found in possession of 1.00 kgs of ganja. There are totally four accused persons in this case and the petitioner has been arrayed as A3.

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Heard the learned counsel on either side and perused the material records of the case.

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Taking into consideration the facts and circumstances of the case and considering the quantity of contraband involved in this case and taking note of the fact that the petitioner has suffered incarceration from 31.12.2024 and considering the fact that there are 19 previous cases against the petitioner, out of which 2 cases are similar in nature, this Court is inclined to grant bail to the petitioner subject to the following conditions:

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Accordingly, the petitioner is 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 Additional District Judge, Special Court under Essential Commodities Act, Thanjavur 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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https://www.mhc.tn.gov.in/judis

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2/4

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CRL OP(MD). No.1311 of 2025

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[b] the petitioner shall report before the respondent police every Monday at

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10.30.a.m., until further orders.

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

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

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[e] On breach of any of the aforesaid conditions, the learned Magistrate/Trial

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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].

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[f] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of BNS, 2023.

sd/24/01/2025

/ TRUE COPY /

24/01/2025

Sub-Assistant Registrar

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Madurai Bench of Madras High Court, Madurai - 625 023.