Badhmanaban@Badhmanathan@Chinna Thambi v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 04.02.2022

CORAM:

THE HON'BLE MRS.JUSTICE T.V.THAMILSELVI Crl.O.P.No.2709 of 2022 Badhmanaban @ Badhmanathan @ Chinna Thambi ... Petitioner Vs.

State Rep. by The Inspector of Police, Thiruthani Police Station, Thiruvallur District.

(Crime No.3 of 2022)

...Respondent

PRAYER: Criminal Original Petition has been filed under Section 439 of Cr.P.C praying to enlarge the petitioner on bail in Crime No.3 of 2022 on the file of the respondent.

For Petitioner : Mr.R.Sasikumar For Respondent : Mr.N.S.Suganthan Government Advocate (Crl side)

ORDER

The petitioner who was arrested and remanded to judicial custody on 03.01.2022 for the offences under Sections 8 (c ), r/w 20(b) (ii) (B) of NDPS Act, 1985, in Crime No.3 of 2022, on the file of the respondent police, seeks bail.

2. The case of the prosecution is that on the date of occurrence, when the respondent police was on regular patrol, they found that the petitioner was in illegal possession of 1.300 gms of Ganja. Hence, the complaint.

3. The learned Counsel for the petitioner submits that the petitioner has not committed any such offence as alleged by the prosecution and he has been falsely implicated in this case. However, on instruction, the petitioner on his own volition, without prejudice his rights, is ready and willing to pay a sum of Rs.10,000/- for charitable purpose, as may be directed by this Court. He further submits that the petitioner was suffering incarceration for 33 days from 03.01.2022. Hence, he seeks to grant bail to the petitioner.

4. The learned Additional Public Prosecutor would raise objection stating that the petitioner was in illegal possession of 1.300 gms of Ganja and he further submitted that the petitioner have three previous cases and the investigation was almost completed.

5. Considering the facts and circumstances of the case and also the submissions made by both counsel and also considering the period of incarceration undergone by the petitioner and the investigation was almost completed and the petitioner on his own volition, without prejudice his rights, is ready and willing to pay a sum of Rs.10,000/- for charitable purpose, 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 is directed to deposit a sum of Rs.10,000/- (Rupees Ten Thousand only) to the credit of Vadalur Sathya Dharma Salai, Thiruarutprakasa Vallalar Dheiva Nilayam, Vadalur - 607303, Cuddalore District, A/c. Name: Vallalar Deiva Nilayam, Vadalur, A/c. No.028101000000232, Indian Overseas Bank, Vadalur Branch, Branch Code-0281, IFSC Code-IOBA0000281, on such deposit, the petitioner shall execute two sureties for a sum of Rs.

10,000/- (Rupees Ten Thousand only), before the learned Judicial Magistrate, Thiruttani, 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 report before the respondent police daily at 10.30 a.m.

[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/- 04/02/2022 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 JUDICIAL MAGISTRATE, THIRUTTANI.

2 THE CHIEF JUDICIAL MAGISTRATE THIRUVALLUR DISTRICT.

3 THE SUPERINTENDENT, CENTRAL PRISON, PUZHAL, CHENNAI.

4 THE INSPECTOR OF POLICE, THIRUTHANI POLICE STATION, THIRUVALLUR DISTRICT.

5 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

6 VADALUR SATHYA DHARMA SALAI, THIRUARUTPRAKASA VALLALAR DHEIVA NILAYAM, VADALUR - 607303, CUDDALORE DISTRICT, A/C. NAME: VALLALAR DEIVA NILAYAM, VADALUR, A/C. NO.028101000000232, INDIAN OVERSEAS BANK, VADALUR BRANCH, BRANCH CODE-0281, IFSC CODE-IOBA0000281 +1 CC to M/S R.SASIKUMAR Advocate on payment of necessary charges SR.NO.1993 CRL OP.2709/2022 Date :04/02/2022 RW 07/02/2022