Langeshwaran v. State Represented By, The Inspector Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 06.02.2025
CORAM:
THE HON'BLE MRS.JUSTICE T.V.THAMILSELVI CRL.OP No. 461 of 2025 Langeshwaran
...Petitioner
Vs.
The State Rep. by The Inspector of Police PEW Gummidipoondi Police Station, Tiruvallur. Crime No. 164 of 2024
...Respondent
PRAYER : This petition has been filed under Section 483 of BNSS, 2023, to enlarge the petitioner on Bail in crime No. 164 of 2024, pending investigation on the file of respondent.
For Petitioner : Mr.B.S.Manikandan For Respondent : Mr. V. Meganathan, Government Advocate (Crl. side)
ORDER
The petitioner, who was arrested and remanded to judicial custody on 10.11.2024 for the alleged offences punishable under Sections 8 (c ) r/w 20(b)(2)(b ) and 25, 29(1) of NDPS Act in crime No. 164 of 2024 on the file of the respondent, seeks bail.
2. The case of the prosecution is that the respondent police found the accused persons with possession of 30 kgs of Ganja. Hence, the case.
3. The learned counsel for the petitioner submitted that the petitioner has been falsely implicated in this case based on the confession of A5 and the petitioner is under the judicial custody for the past nine months. Hence, he prays to allow this petition.
4. The learned Government Advocate (Crl. side) submits that the petitioner has sent a sum of Rs.10,000/- to A2 on for purchasing the Ganja from Andhra Pradesh, in turn, A2 sent the amount of Rs.50,000/- to A3 on 15.04.2024. Subsequently, occurrence was happened on 18.04.2024. Hence, the petitioner played a key role in puchasing the contraband. Hence, raised objection to grant bail.
6. Heard the learned counsel for the petitioner and the learned Government Advocate (Criminal Side) for the respondent Police and perused the materials available on record, and taking note of the fact that the investigation is completed and the charge sheet has been filed and also there is no recovery from this petitioner. Further, the specific overt act against the petitioner is he sent the money and directed the other accused to purchase the contraband to that effect the investigation was completed. Hence, this Court is inclined to grant bail to the petitioner with the the following conditions.
7. 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 ( one blood surety and one local surety), each for a like sum to the satisfaction of the learned District Munsif cum Judicial Magistrate, Gummidipoondi, 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 daily at 10.30 a.m., apart from the Court hearing for a period of three months. Further, the petitioner is directed to deposit a sum of Rs.10,000/- to the credit of registered Advocate Clerks Welfare Association, Tiruvallur District.
[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 abscond, a fresh FIR can be registered under Section 269 of BNS.
06.02.2025 pbl To
1. The District Munsif cum Judicial Magistrate, Gummidipoondi.
2. The Inspector of Police PEW Gummidipoondi Police Station, Tiruvallur.
3. The Central Prison, Puzhal Chennai.
4. The Public Prosecutor, High Court of Madras.
T.V.THAMILSELVI, J.
pbl CRL.OP No. 461 of 2025 06.02.2025