Adil Jamal v. The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 22.01.2024

CORAM

THE HON'BLE MR. JUSTICE C.V.KARTHIKEYAN 1.Adil Jamal S/o. Md.Jamal 2.Altaf Ranjan Lanjekar S/o. Ranjan Usman Lanjekar ... Petitioners/Accused 4 & 5 Vs.

The State represented by The Inspector of Police, D-2, Annasalai Police Station, Chennai.

(Crime No.296 of 2023) ... Respondent PRAYER: Criminal Original Petition filed under Section 439 of Cr.P.C., prayed to enlarge the petitioners on bail in Crime No.296 of 2023 on the file of the respondent.

For Petitioners : Mr.J.Ranjith Kumar For Respondent : Mr.L.Baskaran Government Advocate (Crl. Side) 1/4

ORDER

The petitioners/A4 and A5 in Crime No.296 of 2023, registered by the respondent police for the offences under Sections 8(c) r/w 20(b)(ii)(A), 22(a) of NDPS Act, seek bail. They had been remanded to custody on 17.12.2023.

2.It is stated that the 1st accused is the owner of the medical shop and the 2nd petitioner was working under him. The 1st petitioner/A4 was found in possession of Tydol 100 Mg tablets 10 Nos., and 40 grams of ganja and the 2nd petitioner/A5 was found in possession of 75 grams of ganja, Tydol 100 Mg tablets 10 Nos., and Sodium Chlorate Injection. The tablets seized are not Scheduled Drugs and the quantity seized was intermediate in nature. 3.It is also stated that co-accused had been granted bail on 20.09.2022 in Crl.O.P.Nos.20605 & 20647 of 2022. 4.Taking all these factors into consideration, I am inclined to grant bail to the petitioners subject to the following conditions: 5.Accordingly, the petitioners are ordered to be released on bail on condition to execute separate bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) each with two sureties, each for a like sum to the satisfaction of the II Metropolitan Magistrate, Egmore, Chennai., and on further 2/4

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 petitioners shall appear before the respondent police daily at 10.30 a.m., until further orders.

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

[d] the petitioners 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 petitioners in accordance with law as if the conditions have been imposed and the petitioners 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.

22.01.2024 ata C.V.KARTHIKEYAN, J.

ata To 1.The II Metropolitan Magistrate, Egmore, Chennai. 3/4

2.The Inspector of Police, D-2, Annasalai Police Station, Chennai.

3.Central Prison, Puzhal, Chennai.

4. The Public Prosecutor, High Court of Madras.

22.01.2024 4/4