Mayil v. State Rep By, The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 31.01.2025

CORAM

THE HON'BLE MR. JUSTICE SUNDER MOHAN Mayil ... Petitioner Vs.

State Rep. by, The Inspector of Police, P-6 Kodungaiyure Police Station Chennai. (Crime No.868 of 2024).

... Respondent PRAYER: Criminal Original Petition filed under Section 483 of BNSS, to enlarge the petitioner on bail, in Crime No.868 of 2024, on the file of the respondent Police.

For Petitioner : Mr.C.Jagan For Respondent : Mr.Leonard Arul Joseph Selvam Government Advocate (Crl.Side)

O R D E R

This Criminal Original Petition has been filed by the petitioner, who was arrested and remanded to judicial custody on 20.12.2024, seeking bail in Crime No.868 of 2024 registered for the offence under Sections 8(c) r/w.20(b)(ii)(B), 29(1) of NDPS Act 1985.

2.The case of the prosecution is that the accused was found to be in illegal possession of 100 grams of ganja. Hence the case. 3.Learned counsel appearing for the petitioner submitted that the 1/4

petitioner is an innocent person and he has been falsely implicated in this case. He also submitted that the petitioner is in custody from 20.12.2024 and he is ready to abide by any stringent conditions that may be imposed by this Court. Hence, he prayed for grant of bail to the petitioner.

4.Learned Government Advocate (Crl.Side) appearing for the respondent police, while opposing for grant of bail to the petitioner, submitted that the petitioner was found to be in illegal possession of 100 grams of ganja and based on the confession statement recorded from A2, this petitioner/A3 has been implicated in this case. He further submitted that there are two previous cases against the petitioner, in which one is under NDPS Act. 5.Heard the learned counsel appearing for the petitioner and the learned Government Advocate (Crl. Side) for the respondent Police and perused the materials available on record.

6.Considering the nature of allegation and period of incarceration undergone by the petitioner, this Court is inclined to grant bail to the petitioner with certain conditions.

7. Accordingly, the petitioner is ordered to be released on bail on his executing a 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 X 2/4

Metropolitan Magistrate, Egmore, 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 petitioner shall report before the respondent Police, everyday at 10.30 a.m., until further orders;

[c] the petitioner shall not abscond either during investigation or trial;

[d] the petitioner 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 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];

[f] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 B.N.S.

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SUNDER MOHAN, J.

sai To 1.The X Metropolitan Magistrate, Egmore.

2.The Inspector of Police, P-6 Kodungaiyure Police Station Chennai.

3.The Superintendent, Central Prison, Puzhal II, Chennai.

4.The Public Prosecutor, High Court of Madras.

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