Santhi v. State Rep.By, The Inspector Of Police,

N THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 03.02.2025

CORAM

THE HONOURABLE MR. JUSTICE SUNDER MOHAN Crl.O.P.No.2594 of 2025 Santhi W/o. Muthuvel No.21/Vinayagapuram 2nd Street Tondaiyarpet Chennai - 600 081.

... Petitioner/Accused-1 Vs.

State Rep. by Inspector of Police, N-2 Kasimedu Police Station Chennai.

(Crime No.739 of 2024) ... Respondent/Complainant PRAYER : Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, pleased to enlarge the petitioner on bail, in connection with Crime No.739 of 2024, on the file of the Inspector of Police, N-2 Kasimedu Police Station.

*** For Petitioner :

Mr. J.Krishna Kumar For Respondent :

Mr. A.Gopinath Government Advocate (Crl.Side) 1/5

ORDER

Petition seeking bail in respect of Crime No.739 of 2024 registered for the offences punishable under Sections 8(c) 22(b)(ii)(B) 29(1) of NDPS Act, is on board for consideration.

2. The case of the prosecution is that the petitioner was found in illegal possession of 1 kilo 500 gram of Ganja. Hence, the case.

3. The incarceration of the petitioner being from 12.12.2024 pleading innocence on the part of the petitioner and false implication in the case, learned counsel for the petitioner seeks indulgence of this Court. He also submits that the petitioner is in no way connected with the alleged offence. He also submits that the petitioner is ready to abide by any stringent condition that may be imposed by this Court.

4. The case of the prosecution as putforth by the learned Government Advocate (Criminal Side) appearing for the respondent police, opposing for grant of bail, is that the accused was found to be in illegal possession of 1.500 kgs of Ganja. He further submits that it is intermediate quantity and there are two previous cases pending against the petitioner under the prohibition Act and one case under the NDPS Act.

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5. Having heard the learned counsel for the petitioner and the learned Government Advocate (Criminal Side) for the respondent Police and perused the materials available on record and considering the period of incarceration undergone by the petitioner, this court is inclined to grant bail to the petitioner with certain conditions and accordingly, the petitioner is ordered to be released on bail on her 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 XVI Metropolitan Magistrate, George Town at Chennai 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 on 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; 3/5

[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 of B.N.S. 03.02.2025 vsg To 1.

XVI Metropolitan Magistrate, George Town, chennai.

2.

The Inspector of Police, N-2 Kasimedu Police Station Chennai.

3.

The Superintendent, Central Prison, Puzhal.

4.

The Public Prosecutor, High Court of Madras.

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SUNDER MOHAN ., J.

vsg Crl.O.P.No.2594 of 2025 03.02.2025 5/5