Tamilselvan v. State By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 12.02.2025

CORAM

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

State by Inspector of Police H4, Korukupet Police Station Chennai. (Crime No.641 of 2024) ... Respondent PRAYER: Criminal Original Petition filed under Section 483 of BNSS, to enlarge the petitioner on bail in Crime No.641 of 2024 on the file of the respondent.

For Petitioner : Mr.K.Tamilvanan 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 25.12.2024, seeking bail in Crime No.641 of 2024 registered for the offence under Sections 8(c), 20(b)(ii)(B) r/w.29(1) of the NDPS Act and 77 of JJ Act.

2.The case of the prosecution is that the petitioner along with other accused was found to be in possession of 3.550 kgs of ganja. 1/4

3.Learned counsel appearing for the petitioner submitted that the petitioner is an innocent person and he has been falsely implicated in this case. He also submitted that the petitioner is in custody from 25.12.2024 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, reiterated the case of the prosecution. The learned Government Advocate further submitted that the there are seven previous cases against the petitioner, for IPC offences. 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 allegations, period of incarceration undergone by the petitioner, the quantity of contraband seized in this case, the fact that the previous cases have been registered for the offences under IPC and the petitioner was released on bail in all those cases and since further custody is not required for the purpose of interrogation, 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 2/4

two sureties, each for a like sum to the satisfaction of the learned XV Metropolitan Magistrate, George Town, 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 learned Principal Sessions Judge, Principal Sessions Court under EC & NDPS Act, Chennai on all working days 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 Principal Sessions Judge, Principal Sessions Court under EC & NDPS Act, Chennai 2.The XV Metropolitan Magistrate, George Town.

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

4.The Superintendent, Central Prison, Puzhal II, Chennai 5.The Public Prosecutor, High Court of Madras.

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