CRL OP(MD). No.18255 of 2025 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 17.10.2025 PRESENT THE HONOURABLE MRS. JUSTICE S.SRIMATHY CRL OP(MD)No.18255 of 2025 Josh Vikram @ Jose ... Petitioner/Accused No.1 Vs The State of Tamilnadu, Rep by the Inspector of Police, Kodiakanal Police Station, Dindigul District. (Crime No.43 of 2018) ... Respondent/Complainant For Petitioner : Mr.R.Shankar Ganesh For Respondent : Mr.E.Antony Sahaya Prabahar Additional Public Prosecutor PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- For Bail in Crime No.43 of 2018 on the file of the respondent police. 1/6 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.18255 of 2025 ORDER : The Court made the following order :- The petitioner, who was arrested and remanded to judicial custody on 10.09.2025 for the offences punishable under Sections 328 of IPC and 8(c) r/w.20(b)(ii)(B) of Narcotic Drugs & Psychotropic Substances Act, 1985, in Crime No.43 of 2018 on the file of the respondent police, seeks bail. 2. The case of the prosecution is that the petitioner, along with other accused persons, supplied ganja-infused mushrooms to the de facto complainant. After consuming the said ganja-infused mushrooms along with alcohol, the defacto complainant suffered from vomiting and diarrhea. Hence, the complaint. 3. The learned counsel for the petitioner submitted that the petitioner is an innocent person and he has not committed any offences as alleged by the prosecution. He further submitted that the petitioner is in judicial custody from 10.09.2025. Hence, he seeks bail to the petitioner. 2/6 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.18255 of 2025 4. The learned Additional Public Prosecutor submitted that the along with other accused persons, supplied ganja-infused mushrooms to the de facto complainant. After consuming the said ganja-infused mushrooms along with alcohol, the defacto complainant suffered from vomiting and diarrhea. He further submitted that no previous case is pending against the petitioner. 5. Taking into consideration of the fact that the petitioner had earlier jumped bail, the antecedents of the petitioner and also considering the period of incarceration suffered by the petitioner, this Court is inclined to grant bail to the petitioner, subject to the following conditions: 6. Accordingly, the petitioner is 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 Special District Judge for Communal Clash Cases, Madurai, and on further conditions that :- 3/6 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.18255 of 2025 [a] the petitioner and the sureties shall affix their photographs and left thumb impression in the surety bond and the Magistrate may obtain a copy of their Aadhaar card or bank pass book to ensure their identity. [b] the petitioner shall report before the Trial Court, as and when required and he shall appear before the Trial Court on all hearings without fail. He has to co-operate for the investigation. [c] the petitioner shall not tamper with the evidence or witness either during investigation or trial. [d] the petitioner shall not abscond either during investigation or trial. [e] 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 is 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]. 4/6 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.18255 of 2025 [f] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 BNS. (S S Y J) 17.10.2025 jbr To 1. The Special District Judge for Communal Clash Cases, Madurai. 2. The Superintendent, District Jail, Dindigul. 3. The Inspector of Police, Kodiakkanal Police Station, Dindigul District. 4. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. 5/6 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.18255 of 2025 S.SRIMATHY,J. jbr ORDER IN CRL OP(MD) No.18255 of 2025 Date : 17.10.2025 6/6 https://www.mhc.tn.gov.in/judis