Abdul Farooq v. The Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 12.02.2024

CORAM

THE HON'BLE MR. JUSTICE C.V.KARTHIKEYAN Abdul Farooq ... Petitioner Vs.

The State represented by The Inspector of Police, H-5, New Washermenpet Police Station, Chennai.

Crime No.571 of 2023 ... Respondent PRAYER: Criminal Original Petition filed under Section 439 of Cr.P.C., prayed to enlarge the petitioner on bail in Crime No.571 of 2023 on the file of the respondent Police.

For petitioner : Mr.M.Illiyas For Respondent : Mr.L.Baskaran Government Advocate (Crl. Side)

ORDER

The petitioner/A1 who was arrested and remanded to judicial custody on 27.12.2023 for the offences registered under Sections 8(c), 22(b) and 29(1) of NDPS Act, in Crime No.571 of 2023, on the file of the 1/4

respondent Police, seeks bail.

2.The case of the prosecution is that the petitioner along with other accused were found in possession of 45 numbers of Nitravet-10 tablets weighing about 25.650 grams.

3.It is stated by the learned Government Advocate (crl.side) that A2 and A3 are still absconding and they are went out for the contraband. The petitioner has no previous against him.

4.Taking into consideration the period of incarceration and also considering the quantity of contraband seized, I am inclined to grant bail to the petitioner subject to the following conditions: 5.Accordingly, the petitioner are ordered to be released on bail on condition to execute a separate 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 XV Metropolitan Magistrate, George Town, 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, everyday at 10.30 a.m., until further orders. 2/4

[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 229A IPC.

12.02.2024 vkr To 1.The XV Metropolitan Magistrate, George Town, Chennai. 2.The Inspector of Police, H-5, New Washermenpet Police Station, Chennai.

3.The Central Prison, Puzhal.

4. The Public Prosecutor, High Court of Madras. 3/4

C.V.KARTHIKEYAN,J.

Vkr 12.02.2024 4/4