Panneerselvam v. State Rep By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED:01.02.2022
CORAM:
THE HON'BLE MRS.JUSTICE T.V.THAMILSELVI Crl.O.P.No.2151 of 2022 Panneeerselvam ... Petitioner Vs.
State Rep by
...Respondent
The Inspector of Police, Shevapet Police Station, Salem (Crime No.554 of 2021) PRAYER: Criminal Original Petition has been filed under Section 439 of Cr.P.C praying to enlarge the petitioner on bail in Crime No.554 of 2021 on the file of the respondent police. For Petitioner : Mr.S.Mayilnathan For Respondent : Mr.N.S.Suganthan Government Advocate (Crl. Side)
ORDER
The petitioner who was arrested and remanded to judicial custody on 21.11.2021 for the offences under Section 8 ( c) read with 20(b) (ii) (B) of Narcotic Drugs and Psychotropic Substance Act, in Crime No.554 of 2021, on the file of the respondent police, seeks bail.
2. The case of the prosecution that based on the secret information respondent police found that the petitioner along with other accused was in illegal possession of 3 kgs of Kanja. Hence, the complaint.
3. The learned Counsel for the petitioner submits that the petitioner is an innocent person and he has not committed any such offence as alleged by the prosecution. He further submits that the petitioner was suffering incarceration for more that fifty days from 21.11.2021. Hence, he seeks to grant bail to the petitioner.
4. The learned Government Advocate (Crl.Side0 would raise objection stating that the petitioner along with other accused was in illegal possession 3 kgs of kanja. He further submitted that the petitioner is having 3 previous case and the investigation was almost completed.
5. Considering the above facts and circumstances of the case and also considering that the investigation was almost completed and also considering the period of incarceration undergone by the petitioner, this Court is inclined to grant bail to the petitioner with conditions.
[a] the Petitioner is ordered to be released on bail on executing his own bond for a sum of Rs.10,000/- (Rupees ten thousand only), before the Superintendent of the concerned prison, in which the petitioner has been confined and thereafter on his release; [b] the petitioner shall execute two sureties each like sum for a sum of Rs.10,000/- (Rupees Ten Thousand only), before the learned Special Judge for EC/NDPS Act cases, Salem, within 15 days from the date of commencement of the Court's normal functioning, failing which the bail granted by this Court shall stand dismissed automatically; [c] 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; [d] the petitioner shall appear before the respondent police on every Monday and Sunday at 10.30 a.m for a period of four weeks, until further orders;
[e] the petitioner shall not tamper with evidence or witness either during investigation or trial;
[f] the petitioner shall not abscond either during investigation or trial;
[g]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;
[h]if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.
-sd/- 01/02/2022 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 SPECIAL JUDGE FOR EC/NDPS ACT CASES, SALEM.
2 THE INSPECTOR OF POLICE, SHEVAPET POLICE STATION, SALEM.
3 THE SUPERINTENDENT, CENTRAL JAIL, SALEM.
4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
+1CC to M/S. S.MAYILNATHAN Advocate on payment of necessary charges SR.No.1567 CRL OP.2151/2022 Date :01/02/2022 CSK 02/02/2022