M.Ruthirakumar 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.2611 of 2022 M.Ruthrakumar ... Petitioner Vs.
State Rep. by The Inspector of Police, Tiruppathur Taluk Police Station, Tiruppathur District.
(Crime No.411 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.411 of 2021 on the file of the respondent.
For Petitioner : Mr.E.Kannadasan For Respondent : Mr.N.S.Suganthan Government Advocate (Crl side)
ORDER
The petitioner who was arrested and remanded to judicial custody on 08.11.2021 for the offences under Sections 8 (b ), r/w 20(a) (i) of NDPS Act, in Crime No.411 of 2021, 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 found that the petitioner has cultivated one kanja plant and the same was seized in the petitioner's land at Athikuppam village. 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. He further submits that the petitioner was suffering incarceration for 90 days from 08.11.2021. 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 5.5 kgs of Ganja and he further submitted that the petitioner has no previous case 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, 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 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 report before the respondent police on every Tuesday at 10.30 a.m. 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/- 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 SPECIAL JUDGE FOR EC/NDPS ACT CASES, SALEM.
2 THE INSPECTOR OF POLICE, THIRUPPATHUR TALUK POLICE STATION, THIRUPPATHUR DISTRICT.
3 THE SUPERINTENDENT, CENTRAL PRISON, SALEM.
4 THE PUBLIC PROSECUTOR, HIGH COURT, MADRAS.
CC to M/S E.KANNADASAN Advocate on payment of necessary charges CRL OP.2611/2022 Date :04/02/2022 INBA~07/02/2022