Ahamed Arif v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 07.03.2024

CORAM

THE HON'BLE MR. JUSTICE C.V.KARTHIKEYAN Ahamed Arif, S/o.Rahamadulla

...Petitioner/Accused

Vs.

State represented by The Inspector of Police, H4, Korukkupet Police Station, Chennai.

(Crime No.10 of 2024) ...Respondent PRAYER:

Criminal Original Petition is filed under Section 439 of Cr.P.C. praying to enlarge the petitioner on bail, pending investigation in Crime No.10 of 2024 on the file of the respondent police on such terms and conditions.

For Petitioner : Mr.A.Venkatesan For Respondent : Mr.L.Baskaran Government Advocate (Crl. Side) 1/5

ORDER

The petitioner seeks bail in Crime No.10 of 2024, registered by the respondent police for the offences punishable under Section 8[c], r/w 22[b], 25, 29[1] of NDPS Act. The petitioner had been taken into custody on 07.01.2024.

2. It is stated that the petitioner herein and other accused were found in a possession of 4 grams of Methamphetamine. It is also stated that A1 and A2 had been taken into custody and had been granted bail.

3. Taking all the factors into consideration and the period of incarceration suffered by the petitioner herein and also the fact that there are no previous cases as against the petitioner herein, I am inclined to grant bail to the petitioner subject to the following conditions: 2/5

4. Accordingly, the petitioner is ordered to be released on bail on condition to execute 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 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. [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].

3/5

[f] If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.

07.03.2024 rjr 4/5

C.V.KARTHIKEYAN.

J.

rjr To 1.The XV Metropolitan Magistrate, George Town, Chennai. 2.The District Prison, Chengalpattu.

3.The Inspector of Police, H4, Korukkupet Police Station, Chennai.

4.The Public Prosecutor, High Court of Madras.

07.03.2024 5/5