Uthandu Murugan v. The State Rep.By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 17.01.2025

CORAM

THE HON'BLE MR. JUSTICE G.R.SWAMINATHAN Uthandu Murugan ... Petitioner Vs.

The State represented by, The Inspector of Police, PEW Pallikaranai Unit Station, Chennai District (Crime No.278 of 2024) ... Respondent PRAYER : Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, pleased to enlarge the petitioner on bail concern in Crime No.278 of 2024 on the file of the Inspector of Police Pew Pallikaranai Unit Police Station Chennai on the file of the respondent Police. For Petitioner :

Mr.S. Kasirajan For Respondent :

Mr.Learned Arul Joseph Selvam Government Advocate (Crl.Side) 1/5

O R D E R

The petitioner stands accused in Crime No.278 of 2024 on the file of the respondent for the offences punishable under Sections 8(c) r/w 20(b)(ii)(B) of NDPS Act, 1985. He was arrested and remanded to judicial custody on 02.12.2024

2. Learned Government Advocate (Crl.Side) opposes to grant bail to the petitioner by stating that there are three previous cases pending against the petitioner.

3. Heard both sides and perused the materials available on record.

4. Considering the rival submissions made on either side, though the petitioner has three previous cases, since the alleged contraband is only an intermediate quantity, this Court is inclined to grant bail to the petitioner, subject to the following conditions:

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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 Principal Special Judge for EC and NDPS Act case at Chennai and on further conditions that:

[b] the petitioner shall report before the respondent police daily at 10.00 a.m. until further orders; [c] the petitioner shall not commit any offence similar to the offence of which he is accused, or suspected, or of the commission of which he is suspected;

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

[e] the petitioner shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence;

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[f] On breach of any of the aforesaid conditions, the learned Judicial 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].

[g] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S. 17.01.2025 mst/smn 4/5

G.R.SWAMINATHAN., J.

mst/smn To

1. The Principal Special Judge for EC and NDPS Act case at Chennai 2.The Inspector of Police, PEW Pallikaranai Unit Station, Chennai District.

3. The Superintendent, Central Prison, Puzhal.

4. The Public Prosecutor, High Court of Madras.

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