Barath v. The State Rep By, The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 17.01.2025

CORAM

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

The State represented by, The Inspector of Police, P-1 Puliyanthope Police Station, Chennai District.

(Crime No.698 of 2024) ... Respondent PRAYER : Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, pleased to enlarge the petitioner on bail in Crime No.698 of 2024, pending on the file of the respondent Police. For Petitioner :

Mr.P.Muthamizhselvakumar 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.698 of 2024 on the file of the file of the respondent for the offences punishable under Sections 8(c) r/w, 20(b)(ii)(B), 21(b), 29(1)of Narcotic Drugs and Psychotropic Substances Act 1985. He was arrested and remanded to judicial custody on 17.12.2024.

2. The learned Government Advocate appearing for the respondent submitted that the petitioner was in possession of 1.250 kgs of ganja 40 Nos Nitravet-10Mg tables, 23 Nos Tydol 100mg, 8 Nos of Ganja Choclate and there is one previous case pending against the petitioner and the contraband seized was only an intermediate quantity.

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

4. Considering the rival submissions made on either side, considering the nature of offences, considering the fact that the alleged contraband is only an intermediate quantity, even though the petitioner has one previous case the same falls under I.P.C, this Court is inclined to grant bail to the petitioner, subject to 2/5

the following conditions:

(a) 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 X Metropolitan Magistrate Court, Egmore. 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;

[f] On breach of any of the aforesaid conditions, the 3/5

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 To

1. The X Metropolitan Magistrate Court, Egmore.

2. The Inspector of Police, P-1 Puliyanthope Police Station, Chennai District.

3. The Superintendent, Central Prison, Puzhal, Chennai.

4. The Public Prosecutor, High Court of Madras.

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G.R.SWAMINATHAN., J.

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