Mohanraj Alias Unnikrishnan v. State By, Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 28.01.2025

CORAM

THE HON'BLE MR. JUSTICE A.D.JAGADISH CHANDIRA 1.Mohanraj @ Unnikrishnan 2.Lakshmanan ... Petitioners Vs.

The State Represented by, Inspector of Police, Kitchipalayam Police Station, Salem District.

(Crime No. 582 of 2024).

... Respondent PRAYER : Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, pleased to enlarge the petitioners on bail, in connection with Crime No.582 of 2024, pending investigation on the file of the respondent Police.

For Petitioners :

Mr.M.R.Elavarasan For Respondent :

Mr.Leonard Arul Joseph Selvam Government Advocate (Crl.Side)

O R D E R

Petition seeking bail in respect of Crime No.582 of 2024 registered for the offences punishable under Sections 8(c), 20(b)(ii)(A), 29(1) of NDPS Act, 1985 and Section 77 of JJ Act, 2015, is on board for consideration. 1/6

2. The incarceration of the petitioners being from 21.12.2024 pleading innocence on the part of the petitioners and false implication in the case, the learned counsel for the petitioners seeks indulgence of this Court. He also submits that the petitioners, without prejudice to their defence and contention, are ready and willing to deposit a sum of Rs.5,000/- to any welfare scheme of the Government or any other organization. He further submits that the petitioners are ready to abide by any stringent conditions that may be imposed by this court.

3. The case of the prosecution, as putforth by the learned Government Advocate (Criminal Side) appearing for the respondent police, opposing for grant of bail, is that, on 21.12.2024 at about 08.30 a.m., when the respondent police were on their regular patrol duty near Erumapalayam Kuthiraipalikadu, at that time, a boy, aged about 17 years was found to be possessed with small quantity of ganja, during investigation, it was found that the petitioners were selling ganja near Erumapalayam Kuthiraipalikadu Government High School. Immediately, the respondent police went to the scene of occurrence and found that the petitioners were found to be in possession of 150 grams of Ganja and a cash of Rs.2,150/-. He would further submit that petitioners have one previous case. 2/6

4. Considering the voluntary submission made by the learned counsel for the petitioners, the petitioners are directed to deposit a sum of Rs.5,000/- (Rupees Five Thousand only) to the credit of the "District Legal Services Authority, Salem" without prejudice to their right of defence before the Trial Court and making it clear that it would not amount to admission of guilt.

5. Further, having heard the learned counsel for the petitioners and the learned Government Advocate (Criminal Side) for the respondent Police and perused the materials available on record, this court is inclined to grant bail to the petitioners with certain conditions and accordingly, the petitioners are ordered to be released on bail on executing a separate bond for a sum of Rs.15,000/- (Rupees Fifteen Thousand only) with two sureties, each for a like sum to the satisfaction of the learned Judicial Magistrate No.II, Salem, 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;

[b] the petitioners shall report before the respondent Police, everyday at 10.30 a.m., until further orders;

[c] the petitioners shall not abscond either during 3/6

investigation or trial;

[d] the petitioners 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 petitioners in accordance with law as if the conditions have been imposed and the petitioners 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 abscond, a fresh FIR can be registered under Section 269 of B.N.S.

28.01.2025 dsn 4/6

To

1. The learned Judicial Magistrate No.II, Salem.

2. The Inspector of Police, Kitchipalayam Police Station, Salem District.

3. The Superintendent, Central Jail, Salem.

4. The Public Prosecutor, High Court of Madras.

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A.D.JAGADISH CHANDIRA.,J.

dsn 28.01.2025 6/6