P.Haridoss v. State Rep.By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 23.01.2024

CORAM

THE HON'BLE MR. JUSTICE C.V.KARTHIKEYAN Crl.OP.No.789 of 2024 P. Haridoss

...Petitioner

Vs.

State rep by, The Station House Officer, Sedarapet Police Station,( Crime No.61 of 2023) Through Special Public prosecutor Puducherry.

...Respondent

PRAYER: Criminal Original Petition filed under Section 439 of Cr.P.C. praying to enlarge the petitioner on bail in FIR in Crime No.61 of 2023 on the file of the respondent police.

For Petitioner : M/s.S.Radhika For Respondent : Mr.K. S.Mohandoss, Public Prosecutor

ORDER

The petitioner seeks bail in Crime No.61 of 2023 registered under Sections 8(c), 20(ii)(B) of NDPS Act, 1985 r/w 8(c) of NDPS Act 1985 and Section 77 of Juvenile Justice Act, 2015.

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2.The petitioner had been remanded to judicial custody on 13.12.2023 with possession of 1.400 Kgs of ganja, which is an intermediate quantity.

3. It is stated by the learned Public Prosecutor that there are 3 I.P.C cases registered against the petitioner.

4.Taking all the factors into consideration and the quantity of the contraband and the period of incarceration, this Court is 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 III Additional Sessions Judge, Puducherry , and on further conditions that:

[a] the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the Magistrate may 2/4

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 10.00 a.m., until further orders. [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.

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C.V.KARTHIKEYAN, J.

smn To

1. The III Additional Sessions Judge, Puducherry. 2.The Station House Officer, Sedarapet Police Station,( Crime No.61 of 2023) Puducherry.

3.Central Prison, Puducherry 4.The Public Prosecutor, Madras High Court.

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