Riyas v. The Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 15.03.2024

CORAM

THE HON'BLE MR. JUSTICE C.V.KARTHIKEYAN Riyas

...Petitioner/A3

Vs.

State represented by The Inspector of Police, S-9, Palavanthangal Police Station, Chennai - 600 114.

...Respondent/Complainant

PRAYER:

Criminal Original Petition is filed under Section 439 of Cr.P.C. praying to enlarge the petitioner on bail in Crime No.229 of 2023 on the file of the respondent police.

For Petitioner : Mr.L.Thanikachalam For Respondent : Mr.L.Baskaran Govt. Advocate (Crl. Side) 1/4

ORDER

The petitioner / A3, who was arrested and remanded to judicial custody on 22.09.2023 for the offences punishable under Sections 8(c), 20(b)(ii)(B), 22(c), 25 and 29(1) of NDPS Act, 1985 in Crime No.229 of 2023 on the file of the respondent, seeks bail 2.The petitioner is arrayed as A3 and the petitioner was arrested along with A1 and A2. They were all together in a two wheeler bearing registration No.TN-09-DC-2833.

3.It is stated that from A1, 20 Kgs of Ganja was seized and from A2, 830 number of Tydol tablets and 8 grams of meth @ methamphetamine tablets were seized.

3.A1 and A2 had been granted bail by orders dated 29.01.2024 and 02.02.2024 in Crl.M.P.No.600 of 2024 and Crl.M.P.No.989 of 2024 respectively by the learned Principal Special Judge for EC and NDPS Act, Chennai.

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4.A counter affidavit had been filed stating that the contraband had been seized from A1 and A2. It is also stated that the contraband is an intermediate quantity.

5.Taking all the factors into consideration and the period of incarceration suffered by the petitioner and also the fact that the coaccused had been granted bail, this Court is inclined to grant bail to the petitioner subject to the following conditions: 6.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 learned Judicial Magistrate - I, Alandur. [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 everyday at 10.30 a.m., until further orders. [c] the petitioner shall not abscond either during investigation or trial.

C.V.KARTHIKEYAN.

J.

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smv [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.

15.03.2024 smv To 1.The Judicial Magistrate - I, Alandur.

2. The Central Prison, Puzhal, Chennai.

3.The Inspector of Police, S-9, Palavanthangal Police Station, Chennai - 600 114 4.The Public Prosecutor, High Court of Madras.

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