M.Vigneswaran v. The State Of Tamil Nadu Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 03.02.2022

CORAM:

THE HON'BLE MRS.JUSTICE T.V.THAMILSELVI Crl.O.P.No.2427 of 2022 M.Vigneswaran

...Petitioner

Vs.

State rep. by The Inspector of Police, K-3, Aminjikarai Police Station, Chennai 600 029.

(Crime No.971 of 2021)

...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.971 of 2021 on the file of the respondent police pending investigation. For Petitioner : Mr.K.Purushothaman For Respondent : Mr.N.S.Suganthan Government Advocate

ORDER

The petitioner who was arrested and remanded to judicial custody on 13.12.2021 for the offences under Section 8(c), 20(b)(ii)(B), 29

(1) of Narcotic Drugs and Psychotropic Substances Act, 1985 in Crime No.971 of 2021, on the file of the respondent police, seeks bail.

2. The case of the prosecution is that on 12.12.2021, based on the secret information respondent police went to the scene of occurrence, they found that A1 had illegally possessed 1.500 kgs of kanja, thereafter, based on the confession statement of the A1, the respondent police arrested the petitioner and others and seized 6.5 kgs of ganja from them . Hence, the complaint.

3. The learned counsel for the petitioner submits that the petitioner has not committed any offence as alleged by the prosecution and he has been falsely implicated in this case and that he has been suffering incarceration for more than 45 days from

13.12.2021. However, on instructions, he submits that the petitioner is ready and willing to pay a sum of Rs.10,000/- to any Charitable Institute as may be directed by this Court and he would pray for grant of bail to the petitioner. He further submits that there is no previous case as against the petitioner.

4.The learned Government Advocate raised objection stating that the petitioner had illegally possessed 6.5 kgs of ganja and seized the same. He further submitted that the investigation almost completed.

5. Considering the facts and circumstances of the case and the submissions made by both counsel and also considering the period of incarceration undergone by the petitioner and the investigation was almost completed and also the fact that the petitioner has willfully and on his own volition agreed to contribute a sum of Rs.10,000/- for charitable purpose, this Court is inclined to grant bail to the petitioner with certain 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 Tamil Nadu Advocate Clerk Association, Chennai and on such deposit, the petitioner shall execute two sureties for a sum of Rs.10,000/- (Rupees Ten Thousand only), before the learned Special Principal Session EC & NDPS Court, Chennai, 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 for a period of two months; (f)the petitioner shall not tamper with evidence or witness either during investigation or trial;

(g)the petitioner shall not abscond either during investigation or trial;

(h)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; (i)if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.

-sd/- 03/02/2022 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 PRINCIPAL SESSION EC & NDPS COURT AT CHENNAI.

2 THE SUPERINTENDENT, PUZHAL PRISON, PUZHAL, CHENNAI.

3 THE INSPECTOR OF POLICE, K-3, AMINJIKARAI POLICE STATION, CHENNAI- 600 029.

4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

5 THE TAMIL NADU ADVOCATE CLERK ASSOCIATION, CHENNAI.

CC to M/S K.PURUSHOTHAMAN Advocate on payment of necessary charges CRL OP.2427/2022 Date :03/02/2022 RW 04/02/2022