Rajasekar v. Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 19.01.2024

CORAM

THE HON'BLE MR. JUSTICE C.V.KARTHIKEYAN Rajasekar ... Petitioner Vs.

The State represented by The Inspector of Police, N-2, Kasimedu Police Station, Chennai.

Crime No.326 of 2023 ... Respondent PRAYER: Criminal Original Petition filed under Section 439 of Cr.P.C., prayed to enlarge the petitioner on bail in Crime No.326 of 2023 on the file of the respondent Police.

For Petitioner : Mr.D.Padmanabhan For Respondent : Mr.L.Baskaran Government Advocate (crl.side)

ORDER

The petitioner who was arrested and remanded to judicial custody on 01.12.2023 for the offences registered under Sections 8(c) r/w 1/4

20(b)(ii)(B), 25 and 29(1) of NDPS Act in Crime No.326 of 2023 on the file of the respondent Police, seeks bail.

2.There are totally four accused in this case. The petitioner was found in illegal possession of 1.100 kg of Ganja. 3.It is stated by the learned Government Advocate that there are 6 previous cases against the petitioner.

4.Taking all the factors into consideration and the quantity of contraband seized which is an intermediate quantity and the period of incarceration, I am 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 XVI Metropolitan Magistrate, George Town, 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. 2/4

[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.

19.01.2024 vkr To 1.The XVI Metropolitan Magistrate, George Town, Chennai. 2.The Central Prison, Puzhal II.

3.The Inspector of Police, N-2 Kasimedu Police Station, Chennai.

4. The Public Prosecutor, High Court of Madras. 3/4

C.V.KARTHIKEYAN,J.

vkr 19.01.2024 4/4