Sankar v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 01.02.2022

CORAM:

THE HON'BLE MRS.JUSTICE T.V.THAMILSELVI Crl.O.P.No.1599 of 2022 Sankar ... Petitioner Vs.

State Rep. by The Inspector of Police, NIB CID, kancheepuram, Kancheepuram District.

...Respondent

(Crime No.534 of 2021) (AMENDED AS PER ORDER IN CRL.MP.NO.894/2022) PRAYER: Criminal Original Petition has been filed under Section 439 of Cr.P.C praying to enlarge the petitioner on bail in Crime No.534 of 2021 pending investigation on the file of the respondent. For Petitioner : Mr.S.Suresh For Respondent : Mr.N.S.Suganthan Government Advocate (Crl side)

ORDER

The petitioner who was arrested and remanded to judicial custody on 29.08.2021 for the offences under Sections 8(c ), 20 (b)(ii) (c ) & 25 of NDPS Act 1985 in Crime No.534 of 2021, on the file of the respondent police, seeks bail.

2. The case of the prosecution is that on the date of occurrence, when the respondent police were in routine patrol duty they found that the petitioner along with other accused were in illegal possession of 61kgs and 400 kgs of kanja. Hence, the complaint.

3. The learned Counsel for the petitioner submits that the petitioner has not committed any such offence as alleged by the prosecution and he has been falsely implicated in this case. He further submits that the petitioner was suffering incarceration for more than five months from 29.08.2021. He further submitted that based on the confession statement of the other accused, the petitioner has been falsely implicated in this case. Hence, he seeks to grant bail to the petitioner.

4. The learned Additional Public Prosecutor would raise objection stating that the petitioner was in illegal possession of 61kgs 400 gms of kanja and he is not having any previous case. He further submitted that the investigation was almost completed. He further submits that the co-accused was released on bail by this Court in Crl.O.P.No.22244 of 2021 dated 30.11.2021.

5. Considering the facts and circumstances of the case and also the submissions made by both counsel and the co-accused was released on bail, this Court is inclined to grant bail to the petitioner with conditions.

[a] the Petitioner is ordered to be released on bail on executing his own bond for a sum of Rs.10,000/- (Rupees ten thousand only), before the Superintendent of the concerned prison, in which the petitioner has been confined and thereafter on his release; [b] the petitioner shall execute two sureties for a sum of Rs.10,000/- (Rupees Ten Thousand only), before the learned Judicial Magistrate No.I, Chengalpattu, within 15 days from the date of comme ncement of the Court's normal functioning, failing which the bail granted by this Court shall stand dismissed automatically; [c] 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; [d] the petitioner shall report before the respondent police on every Wednesday at 10.30 a.m. until further orders; [e] the petitioner shall not tamper with evidence or witness either during investigation or trial;

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

[g]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;

[h]if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.

-sd/- 01/02/2022 This order, on being produced, be punctually observed and carried into execution by all concerned TRUE COPY Sub-Assistant Registrar (Statistics/C.S.) High Court, Madras - 600 104.

TO 1 THE JUDICIAL MAGISTRATE, NO.I, CHENGALPATTU 2 THE CHIEF JUDICIAL MAGISTRATE CHENGALPATTU(FOR INFORMATION) 3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

4 THE INSPECTOR OF POLICE, NIB CID, KANCHEEPURAM, KANCHEEPURAM DISTRICT.

5 THE OFFICER INCHARGE, SUB JAIL, CHENGALPATTU CC to M/S. S.SURESH Advocate on payment of necessary charges Sr.1550 CRL OP.1599/2022 Date :01/02/2022 RVR 03/02/2022