Sabarinathan @ Sabari v. State Rep By, Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 17.02.2025

CORAM

THE HONOURABLE MR.JUSTICE SUNDER MOHAN Sabarinathan @ Sabari

...Petitioner/Accused

Vs.

State through The Inspector of Police, Kilkodungalore Police Station, Tiruvannamalai District.

(Crime No.210 of 2024) ...

Respondent PRAYER: This criminal original petition has been filed under Section 483 of BNSS to enlarge the petitioner on bail in Crime No.210 of 2024 pending investigation on the file of the respondent police. For Petitioner :

Mr.E.Sathiyaraj For Respondent :

Mr.Leonard Arul Joseph Selvam Government Advocate (Crl. Side) Page No.1 of 6

ORDER

This Criminal Original Petition has been filed by the petitioner, who was arrested and remanded to judicial custody on 19.01.2025, seeking bail in Crime No.210 of 2024 registered for the offence under Sections 21(1)(a) of Arms Act and Sections 20(b)(ii)(A)(B)(C) of NDPS Act @ 25(1)(a) of Arms Act and Sections 20(b)(ii)(A)(B)(C) of NDPS Act r/w Sections 123 of BNS Act.

2.It is the case of the prosecution that the petitioner was found to be in illegal possession of 130 grams of ganja. Hence, the case. 3.The learned counsel for the petitioner would submit that the petitioner is innocent and he has been falsely implicated in this case and that the contraband has been seized.

4.Per contra, the learned Government Advocate (Crl. Side) reiterated the case of the prosecution and submitted that the contraband has been seized and that ten previous cases are pending against the petitioner. 5.Heard the learned counsel appearing for the petitioner and the Page No.2 of 6

learned Government Advocate (Crl.Side) for the respondent Police and perused the materials available on record, including counter affidavit. 6.Considering the period incarceration and the fact that the contraband seized was intermediate quantity and the petitioner is in bail in other previous cases and since further custody of the petitioner is not required for the purposes of interrogation, this Court 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 two sureties, each for a like sum to the satisfaction of the Judicial Magistrate, Vandhavasi, Tiruvannamalai, 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, Page No.3 of 6

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];

[f] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 B.N.S.

17.02.2025 ata Copy to:

Page No.4 of 6

1.The Inspector of Police, Kilkodungalore Police Station, Tiruvannamalai District.

2.The Judicial Magistrate, Vanthavasi, Tiruvannamalai. 3.Sub-Jail, Vanthavasi, Tiruvannamalai District. 4.The Public Prosecutor, High Court, Madras.

SUNDER MOHAN, J.

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