Rohith v. Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 08.01.2024

CORAM

THE HON'BLE MR. JUSTICE C.V.KARTHIKEYAN Rohith ... Petitioner Vs.

The Inspector of Police, E-2, Royapettah Police Station, Chennai.

(Crime No.233 of 2023) ... Respondent PRAYER: Criminal Original Petition filed under Section 439 of Cr.P.C., prayed to enlarge the petitioner on bail in Crime No.233 of 2023 on the file of the respondent.

For Petitioner : Mr.C.Raja For Respondent :Mr.L. Baskaran.

Government Advocate (Crl. Side)

ORDER

The petitioner, who was arrested and remanded to judicial custody on 20.11.2023, registered for the offences under Sections 8(c) r/w 20(b)(ii)(B) of NDPS Act 1985 in Crime No.233 of 2023 on the file of the respondent Police, seeks bail.

2. The petitioner had been remanded to judicial custody on 1/4

20.11.2023 with possession of 1.300 Kgs of ganja. 3.On the side of the respondent, it has been stated that there are seven previous case against the petitioner herein. However, with regard to NDPS Act there is only one previous case against the petitioner. 4.Taking all these factors into consideration and also taking the quantity involved and also considering the period of incarceration, I am inclined to grant bail to the petitioner subject to the following conditions: 5.Accordingly, the petitioner is ordered to be released on bail on condition to execute 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 XVIII Metropolitan Magistrate Court, Saidapet at Chennai and on further conditions that:- [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 everyday at 10.30 a.m., until further orders. 2/4

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

[d] the petitioner shall not tamper with evidence or witness 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].

[f] If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.

08.01.2024 smn To 1.The XVIII Metropolitan Magistrate Court, Saidapet at Chennai 2The Inspector of Police, E-2, Royapettah Police Station, Chennai.

3.The Central Prison, Puzhal-II

4. The Public Prosecutor, High Court of Madras. C.V.KARTHIKEYAN, J.

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