Suresh @ Kalai Suresh v. The State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 02.02.2024

CORAM

THE HON'BLE MR. JUSTICE C.V.KARTHIKEYAN Suresh @ Kalai Suresh ... Petitioner Vs.

The State represented by The Inspector of Police, E-3, Teynampet Police Station, Chennai.

Crime No.319 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.319 of 2023 on the file of the respondent Police.

For Petitioner : Mr.P.Surendran For Respondent : Mr.L.Baskaran Government Advocate (Crl. Side)

ORDER

The petitioner who was arrested and remanded to judicial custody on 16.12.2023 for the offences registered under Sections 8(c), 22(b) and 1/4

29(1) of NDPS Act, in Crime No.319 of 2023, on the file of the respondent Police, seeks bail.

2.The case of the prosecution is that the petitioner was found in illegal possession of 490 numbers of Tydol tablets and 270 numbers of Nitravet-10 tablets. The seized quantity is intermediate in nature and it is call under schedule No.133 of NDPS Act. There is also yet another accused namely A2.

4.It is stated by the learned Government Advocate (crl.side) that the investigation has been practically completed and the forensic lab report alone has to be obtained.

5.Taking all the factors into consideration and also considering the quantity of contraband seized, I am inclined to grant bail to the petitioner subject to the following conditions:

6.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 XVIII Metropolitan Magistrate, Saidapet, 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. 2/4

[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.

[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.

02.02.2024 vkr C.V.KARTHIKEYAN,J.

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Vkr To 1.The XVIII Metropolitan Magistrate, Saidapet. 2.The Inspector of Police, E-3, Teynampet Police Station, Chennai.

3.The Central Prison II, Puzhal.

4. The Public Prosecutor, High Court of Madras. 02.02.2024 4/4