Rahul Kumar v. State Rep By, Insepctor Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 20.02.2025
CORAM
THE HONOURABLE MR.JUSTICE SUNDER MOHAN Rahul Kumar
...Petitioner/Accused
Vs.
State through The Inspector of Police, PEW, Tiruppur City Police Station, Tiruppur.
(Crime No.15 of 2025) ...
Respondent PRAYER: This criminal original petition has been filed under Section 483 of BNSS to enlarge the petitioner on bail in Crime No.15 of 2025 pending investigation on the file of the respondent police. For Petitioner :
Mr.M.N.Balakrishnan For Respondent :
Mr.Leonard Arul Joseph Selvam Government Advocate (Crl. Side)
ORDER
This Criminal Original Petition has been filed by the petitioner, who was arrested and remanded to judicial custody on 13.01.2025, seeking bail in Page No.1 of 6
Crime No.15 of 2025 registered for the offence under Sections 8(c) and 20(b)(ii)(B) of NDPS Act, 1985.
2.The case of the prosecution is that the petitioner was found in illegal possession of 5 kgs of ganja. Hence, the case. 3.Learned counsel appearing for the petitioner submitted that the petitioner is innocent and he has been falsely implicated in this case and further submitted that there is no previous case pending against the petitioner and the contraband has been seized and that the petitioner is in custody from 13.01.2025 and hence, further custody of the petitioner is not required. Hence, he prays for the grant of bail. 4.Learned Government Advocate (Crl.Side) appearing for the respondent police reiterated the case of the prosecution and submitted that the contraband has been seized and no previous case is pending against the petitioner.
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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 period of incarceration, the fact that the contraband was seized and that no previous case is pending against the petitioner 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 Additional District Judge, Presiding Officer, Special Court for EC Act Cases, Coimbatore, 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; Page No.3 of 6
[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];
[f] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 B.N.S.
20.02.2025 ata Page No.4 of 6
Copy to:
1.The Inspector of Police, PEW, Tiruppur City Police Station, Tiruppur.
2.The Superintendent of Prison, Central Prison, Coimbatore.
3.The Additional District Judge, Presiding Officer, Special Court for EC Act Cases, Coimbatore.
4.The Public Prosecutor, High Court, Madras.
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SUNDER MOHAN, J.
ata 20.02.2025 Page No.6 of 6