Indhunathan v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 16.02.2024

CORAM

THE HON'BLE MR. JUSTICE C.V.KARTHIKEYAN Crl.OP.No.3661 of 2024 Indhunathan

...Petitioner

Vs.

State rep by, The Inspector of Police, T-15 SRMC Police Station, Chennai Crime No.820 of 2023

...Respondent

PRAYER: Criminal Original Petition filed under Section 439 of Cr.P.C. praying to enlarge the petitioner on bail in FIR in Crime No.820 of 2023 on the file of the respondent police.

For Petitioner : Mr. C.C. Chellappan For Respondent : Mr.L. Baskaran Government Advocate (Crl.Side)

ORDER

The petitioner/A2 seeks bail in Crime No.820 of 2023 registered under Sections 8(c), r/w 20(b) (ii) (B),25 and 29(1) of NDPS Act 1985. 1/4

2.The petitioner had been remanded to judicial custody on 06.01.2024. It is stated that the petitioner along with other accused were in possession of 1.100 Kgs of ganja, which is an intermediate quantity. 3.Taking all the factors into consideration and the quantity of the contraband and the period of incarceration, this Court is inclined to grant bail to the petitioner subject to the following conditions. 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 Judicial Magistrate No.1, Poonamallee, 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.

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[b] the petitioner shall report before the respondent Police, daily at 10.00 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 229A IPC.

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C.V.KARTHIKEYAN, J.

smn To

1. The Judicial Magistrate No.1, Poonamallee 2.The Inspector of Police, T-15 SRMC Police Station, Chennai Crime No.820 of 2023 3.Central Prison, Puzhal.

4.The Public Prosecutor, Madras High Court.

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