Akash @ Mottu v. The State Rep By Its, The Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 19.02.2025

CORAM

THE HON'BLE MR. JUSTICE SUNDER MOHAN Crl.O.P.No.4237 of 2025 Akash @ Mottu ... Petitioner/A3 Vs.

The State represented byThe Inspector of Police, PEW Anna Nagar Unit, Chennai.

(Crime No.419 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.419 of 2024, pending investigation on the file of the respondent Police. For Petitioner : Mr. M.Prem Kumar 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 03.12.2024, seeking bail in Crime No.419 of 2024 registered for the offences under Sections 8(c) r/w 20(b)(ii)(c) 1/6

and 29(1) of NDPS Act.

2. The case of the prosecution is that on secret information, with regard to illegal transportation and sale of contraband, the respondent seized 22.739 Kgs of ganja from the accused. The petitioner herein is A3.

3. Learned counsel appearing for the petitioner submitted that the petitioner is an innocent; that he has not at all involved in any offence; that he has been falsely implicated in this case based on the confession of the co-accused; that he is no way connected with the co-accused; that he is in judicial custody from 03.12.2024 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 contraband seized is of commercial quantity and the petitioner is sought to be implicated as an accused based on the confession statement of co-accused and the petitioner is having 2 previous cases i.e., one under NDPS Act and the other under IPC and he is on bail in all those previous cases.

5. Heard the learned counsel appearing for the petitioner and the learned Government Advocate (Crl.Side) for the respondent Police and perused the 2/6

materials available on record.

6. Admittedly, no seizure was made from the petitioner and he is sought to be implicated as an accused based on the confession of the co-accused. Though the petitioner has previous cases, he is on bail in those cases. Hence, this Court is of the view that the petitioner has satisfied the twin conditions required under Section 37 of the NDPS Act.

7. Considering the aforesaid facts, the nature of allegations, period of incarceration 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.

8. 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 V Metropolitan Magistrate, Egmore, Chennai.

[a] the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the Magistrate may 3/6

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;

[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.

19.02.2025 ars To

1. The V Metropolitan Magistrate, Egmore, Chennai.

2. The Inspector of Police, PEW Anna Nagar Unit, Chennai.

3. The Superintendent of Police, Central Prison, Puzhal, Chennai. 4/6

4. The Public Prosecutor, High Court of Madras. 5/6

SUNDER MOHAN., J.

ars Crl.O.P.No.4237 of 2025 19.02.2025 6/6