Mayakrishnan v. State By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 03.03.2022

CORAM:

THE HON'BLE MRS.JUSTICE T.V.THAMILSELVI Crl.O.P.No.3355 of 2022 Mayakrishnan ... Petitioner Vs.

The State Rep by:

The Inspector of Police, P-5, MKB Nagar Police Station, Chennai.

(Crime No.83 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 C.C.No.200 of 2021 on the file of the II Additional NDPS Court, Chennai. For Petitioner : Mr.S.Ganeshkumar For Respondent : Mr.L.Baskaran Government Advocate (Crl side)

ORDER

The petitioner who was arrested and remanded to judicial custody on 11.02.2021 for the offences under Sections 8 (c) read with 20(b) (ii)(C) of NDPS Act, in C.C.No.200 of 2021 on the file of the II Additional NDPS Court, Chennai.

2. The case of the prosecution is that on 11.02.2021 at about 14.30 hours, based on a secret information, when the respondent police officials conducted ride at No.65, A Block, Puthu Ngar, Vyasarpadi, Chennai, they found 30 kgs. of Ganja and arrested the accused persons and also seized the Ganja, a two wheeler, one Auto and two knives. Hence the case.

3. The learned Additional Public Prosecutor raised strong objection that the investigation was almost completed and all the other accused were secured.

5. Considering the facts and circumstances of the case and also the submissions made by both counsel 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 a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties each for a like sum to the satisfaction of the learned Principal Special Judge, Special Court under EC and NDPS Act, Chennai and the petitioner shall make a non-refundable deposit of Rs.20,000/- (Rupees Twenty thousand only) to the credit of Kaakkum Karangal Old Age Home, 89/47, Santhome High Road, Santhome, Chennai-600 028, A/c No.000101219273, ICICI Bank, Santhome Branch, IFSC Code:ICIC0003432, MICR Code:600229120, Swift Code: ICICINBBXXX, Mobile No.9840068800. (b)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; (c) the petitioner shall report before the respondent police on every Saturday at 10.30 a.m., for a period of two months and thereafter as and when required for interrogation; (d)the petitioner shall not tamper with evidence or witness either during investigation or trial;

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

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

-sd/- 03/03/2022 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 PRINCIPAL SPECIAL JUDGE, SPECIAL COURT UNDER EC AND NDPS ACT, CHENNAI. 2 THE II ADDITIONAL NDPS COURT, CHENNAI.

3 THE INSPECTOR OF POLICE, P-5 M.K.B.NAGAR POLICE STATION, CHENNAI.

4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

5 THE SUPERINTENDENT, CENTRAL PRISON, PUZHAL, CHENNAI.

6 KAAKKUM KARANGAL OLD AGE HOME, 89/47, SANTHOME HIGH ROAD, SANTHOME, CHENNAI-600 028, A/C NO.000101219273, ICICI BANK, SANTHOME BRANCH, IFSC CODE:ICIC0003432, MICR CODE:600229120, SWIFT CODE: ICICINBBXXX, MOBILE NO.9840068800.

+1 CC to M/S.S.GANESHKUMAR Advocate on payment of necessary charges SR.NO. 3257 CRL OP.3355/2022 Date :03/03/2022 RW 03/03/2022