Ganesh, M/A.25 Years v. State By,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Monday, the Twentieth day of August Two Thousand Eighteen PRESENT The Hon`ble Mr Justice M.DHANDAPANI CRIMINAL ORIGINAL PETITION No.20182 of 2018 GANESH, [ PETITIONER / ACCUSED ] Vs STATE BY, [ RESPONDENT ] THE INSPECTOR OF POLICE, P-3, VYASARPADI POLICE STATION, CHENNAI. CR.NO.508 OF 2018.

For Petitioner : M/S.A.MURUGAVEL Advocate For Respondent : MR. C.IYYAPPARAJ, ADDL. PUBLIC PROSECUTOR PETITION FOR BAIL 439 Cr.P.C.

ORDER : The Court Made the following order :- The petitioner was arrested on 06.07.2018 for the offence under Section 294(b), 328 and 506 (ii) IPC in Cr.No.508 of 2018 on the file of the respondent police, seeks bail.

2.The case of the prosecution is that the petitioner was found in possession of 1 Kg and 200 grams of mava and some drug tablets. Hence, the respondent police registered a case against the petitioner.

3.The learned counsel appearing for the petitioner would submit that the petitioner is ready to abide by any of the condition that is to be imposed by this Court and would further submit that the petitioner will not commit any offence in future. 4.The learned Additional Public Prosecutor submits that there is one previous case as against the petitioner.

5.Considering the period of incarceration and also the fact that the petitioner is ready to abide by any of the condition that is to be imposed by this Court, I am inclined to grant bail to the petitioner.

6.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, of whom, one should be a blood related surety, each for a like sum to the satisfaction of the learned V

Metropolitan Magistrate, Allikulam, Chennai and on further condition that:

(a) the petitioner shall deposit a sum of Rs.10,000/- (Rupees Ten Thousand Only) directly to the Adyar Cancer Institute (WIA), Adyar, Chennai and shall also deposit a sum of Rs.10,000/- (Rupees Ten Thousand Only) directly to the Chief Justice Relief Fund, High Court of Madras, Chennai. The receipt of such payments shall be produced at the time of executing the bond.

(b) 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; (c)the petitioner shall report before the respondent police daily at 10.30 a.m. until further orders;

(d)the petitioner shall not tamper with evidence or witness either during investigation or trial;

(e)the petitioner shall not abscond either during investigation or trial;

(f)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; (g)if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.

-sd/- 20/08/2018 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 METROPOLITAN MAGISTRATE, NO.V, ALLIKULAM, CHENNAI.

2 THE CHIEF METROPOLITAN MAGISTRATE, EGMORE, CHENNAI.

[FOR INFORMATION] 3 THE SUPERINTENDENT, CENTRAL PRISON, PUZHAL, CHENNAI.

4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

5 STATE BY, THE INSPECTOR OF POLICE, P-3, VYASARPADI POLICE STATION, CHENNAI.

6 THE ADYAR CANCER INSTITUTE (WIA), ADYAR, CHENNAI.

COPY TO THE SECTION OFFICER, ACCOUNTS SECTION, THE CHIEF JUSTICE RELIEF FUND, HIGH COURT, MADRAS, CHENNAI.

+1 CC to M/S.A.MURUGAVEL Advocate on payment of necessary charges-Sr.15462 CRL OP.20182/2018 Date :20/08/2018 ths : 20.08.2018