Sibiraj v. State Rep.By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 09.01.2025

CORAM

THE HON'BLE MR. JUSTICE A.D.JAGADISH CHANDIRA Sibiraj

...Petitioner

Vs.

The State Represented by, The Inspector of Police, K11, CMBT Police Station, Chennai.

(Crime No. 924 of 2024).

... Respondent PRAYER : Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, pleased to enlarge the petitioner on bail, in connection with Crime No.924 of 2024, pending investigation on the file of the respondent Police.

For Petitioners :

Mr.R.Parthiban For Respondent :

Mr.Leonard Arul Joseph Selvam Government Advocate (Crl.Side)

O R D E R

Petition seeking bail in respect of Crime No.924 of 2024 registered for the offences punishable under Sections 8(c) r/w. 22(b) and Section 29(1) of NDPS Act, on board for consideration.

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2. The incarceration of the petitioner being from 13.12.2024 pleading innocence on the part of the petitioner and false implication in the case, the learned counsel for the petitioner seek indulgence of this Court. He also submits that the petitioner, without prejudice to the defence and contention, is ready and willing to deposit an amount of Rs.5,000/- to any welfare scheme of the Government or any other organization. He further submits that the petitioner is ready to abide by any stringent conditions that may be imposed by this court.

3. The case of the prosecution, as putforth by the learned Government Advocate (Criminal Side) appearing for the respondent police, opposing for grant of bail, would submit that, the petitioner along with other accused was found to be in illegal possession of 23 grams of Methamphetamine and 210 grams of ganja. He would submit that from this petitioner/A-6, 5 grams of Methamphetamine was recovered.

4. Considering the voluntary submission made by the learned counsel for the petitioner, the petitioner is directed to deposit a sum of Rs.5,000/- (Rupees Five Thousand only), to the credit of the "Seva Chakkara Samajam (Orphanage), Address- No.89/41, Sami Pillai Street, Choolai, Chennai - 112, 2/6

Canara Bank, Vepery Branch, A/c.No. 0943101024681, IFSC Code No. CNRB0000943" without prejudice to the right of defence before the Trial Court and making it clear that it would not amount to admission of guilt.

5. Further, having heard the learned counsel for the petitioner, the learned Government Advocate (Criminal Side) for the respondent Police and perused the materials available on record, this court is inclined to grant bail to the petitioner with certain conditions and accordingly, the petitioner is ordered to be released on bail on his executing a bond for a sum of Rs.15,000/- (Rupees Fifteen Thousand only) with two sureties, each for a like sum to the satisfaction of the learned V Metropolitan Magistrate, Egmore, 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;

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

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[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 269 of B.N.S. dsn 09.01.2025 4/6

To

1. The learned V Metropolitan Magistrate, Egmore, Chennai.

2. The Inspector of Police, K11 CMBT Police Station, Chennai.

3. The Superintendent, Central Prison, Puzhal.

4. The Public Prosecutor, High Court of Madras.

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A.D.JAGADISH CHANDIRA.,J.

dsn 09.01.2025 6/6