Ajay @ Ajith v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 29.02.2024

CORAM

THE HON'BLE MR. JUSTICE C.V.KARTHIKEYAN Ajay @ Ajith ...petitioner Vs.

The State rep by The Inspector of Police, Poonamallee PEW Police Station, Avadi city.

Crime No.549 of 2023

...Respondent

PRAYER: Criminal Original Petition is filed under Section 439 of Cr.P.C. praying to enlarge the petitioner on bail in Crime No.549 of 2023 on the file of the respondent Police.

For petitioner : Mr.P.Parthipan For Respondent : Mr.L.Baskaran Government Advocate (crl.side)

ORDER

The petitioner who was arrested and remanded to judicial custody on 24.01.2024 for the offences registered by the respondent Police under 1/4

Sections 8(c) r/w 20(b)(ii)(B) of NDPS Act, in Crime No.549 of 2023, seeks bail.

2.The case of the prosecution is that the petitioner was found in illegal possession of 3 kgs of Ganja.

3.It is stated that the petitioner was arrested on execution of Prisoner in Transit warrant. A1 and A2 had been granted bail by the Sessions Court.

4.The learned Government Advocate (crl.side) stated that there has been no recovery from this petitioner.

5.Taking into consideration the period of incarceration and the quantity of contraband seized which is an intermediate quantity, this Court is inclined to grant bail to the petitioner with subject to the following conditions.

6. Accordingly, the petitioner is ordered to be released on bail on executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) each with two sureties, each for a like sum to the satisfaction of the learned Judicial Magistrate, Poonamallee and on further conditions that :- [a] the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the 2/4

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.

[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.

29.02.2024 vkr To

1. The Judicial Magistrate, Poonamallee.

2. The Central Prison, Puzhal, Chennai.

3/4

C.V.KARTHIKEYAN.

J.

vkr

3. The Inspector of Police, Poonamallee PEW Police Station, Avadi city.

4.The Public Prosecutor, High Court of Madras. 29.02.2024 4/4