Sakthivel v. The State Rep By, Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 18.02.2025

CORAM

THE HON'BLE MR. JUSTICE SUNDER MOHAN Crl.O.P.No.4146 of 2025 Sakthivel S/o. Baskar ... Petitioner/Accused-4 Vs.

The State represented byThe Inspector of Police, D4 Zam Bazaar Police Station, Chennai.

(Crime No.224 of 2024).

... Respondent PRAYER: Criminal Original Petition filed under Section 483 of BNSS, pleased to enlarge the petitioner on bail, in connection with the Crime No.224 of 2024, pending investigation on the file of the respondent Police. For Petitioner : Mr. R. Parthiban 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 24.12.2024, seeking bail in Crime No.224 of 2024 registered for the offences under Sections 8(c) read with 22(b) 1/5

and 29(1) of NDPS Act.

2. The case of the prosecution is that on 24.12.2024, when the respondent police were on patrol, found the petitioner along with other accused was in illegal possession of 20 strips of Tydol tablets, 15 nos of Nitrovet tablets and empty syringes.

3. Learned counsel appearing for the petitioner submitted that the petitioner is an innocent; that he has not at all involved in any offence as alleged by the prosecution; that he has been falsely implicated in this case based on the confession of co-accused; and that he is in judicial custody for a period of 45 days and hence prayed for grant of bail.

4. Learned Government Advocate (Crl.Side) appearing for the respondent police, reiterated the prosecution case and submitted that the petitioner has one previous case of IPC and he is on bail in the said case.

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.

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6. Considering the nature of allegations, period of incarceration, the fact that the contraband seized is intermediate quantity, the petitioner has one previous case, in which, he is on bail and since further custody of the petitioner is not required for the purpose of investigation, 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 learned II Metropolitan Magistrate, Egmore, Chennai.

[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, daily at 10.30 a.m., until further orders; [c] the petitioner shall not abscond either during investigation or trial;

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[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.

18.02.2025 mjs To

1. The II Metropolitan Magistrate, Egmore, Chennai.

2. The Inspector of Police, D4 Zam Bazaar Police Station, Chennai.

3. The Superintendent, Central Prison, Puzhal, Chennai.

4. The Public Prosecutor, High Court of Madras. 4/5

SUNDER MOHAN., J.

mjs Crl.O.P.No.4146 of 2025 18.02.2025 5/5