R.K.Niranjan v. The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 24.01.2023 CORAM :

THE HON'BLE MRS. JUSTICE T.V. THAMILSELVI R.K.Niranjan, S/o.Ravichandran ... Petitioner Vs.

The State rep. by The Inspector of Police, T-3, Pallavaram Police Station, Pallavaram, Chennai District.

(Crime No.830 of 2022) ... Respondent PRAYER: Criminal Original Petition is filed under Section 439 of Criminal Procedure Code to enlarge the petitioner on bail in Crime No.830 of 2022 dated 23.10.2022 on the file of respondent police. For Petitioner : Mr.K.Jayakumar For Respondent : Mr.S.Vinoth Kumar, Govt. Advocate (Crl.Side.) 1/6

O R D E R

The petitioner, who was arrested and remanded to judicial custody on 23.10.2022 for the alleged offence under Sections 8(c), 20(b)(ii)(B), 29(1), 25 of NDPS Act in Crime No.830 of 2022 on the file of the respondent police, seeks bail.

2.The case of the prosecution is that the petitioner along with other accused was found in illegal possession of 10 LSD Stamp papers and 3 grm meth. Hence the complaint.

3. The learned counsel for the petitioner submitted that the petitioner is an innocent person and he is no way connected with the alleged offence. Hence, she prayed to grant of bail to the petitioner.

4. The learned Government Advocate (Crl. Side) appearing for respondent would submit that totally there are four accused, the petitioner is arrayed as A4. A1 A2 and A3 has been released on bail. He would further submit that the petitioner along with other accused was found in 2/6

illegal possession of 10 LSD Stamp papers and 3 grm meth.. He would submit that the investigation has been completed and there is no previous case pending against the petitioner. Hence, he vehemently opposed to grant bail to the petitioner.

5.Heard the learned counsel for the petitioner and the learned Government Advocate (Crl.Side) and perused the materials available on record.

6 .Taking into consideration the facts of the case and the submissions made by the learned counsel, this Court is inclined to grant bail to the petitioner with certain conditions. 7.Accordingly, the petitioner is directed to 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 out of which one surety will be a blood related surety for a like sum to the satisfaction of learned Principal Special Judge, (E.C.& NDPS), Chennai 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;

(b) the petitioner shall report before the respondent police on every Wednesday at 10.30 a.m., for a period of four months (c)the petitioner shall not tamper with 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 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]; and;

(f)if the accused thereafter absconds, a fresh FIR can be registered 4/6

under Section 229-A IPC;

24.01.2023 vsn To 1.The Principal Special Judge, (E.C.& NDPS), Chennai

2. The Inspector of Police, T-3, Pallavaram Police Station, Pallavaram, Chennai District.

3. The Superintendent Central Prison, Puzhal.

4.The Public Prosecutor, High Court of Madras, Chennai.

T.V. THAMILSELVI, J.

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vsn 24.01.2023 6/6