John v. Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 19.03.2024

CORAM

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

...Petitioner/Accused-2

Vs.

State represented by The Inspector of Police, H-1, Washermenpet Police Station, Chennai.

(Crime No.529 of 2023)

...Respondent

PRAYER:

Criminal Original Petition is filed under Section 439 of Cr.P.C. praying to enlarge the petitioner on bail concerned in Crime No.529 of 2023 on the file of the respondent police on such terms and conditions. For Petitioner : Mr.D.Padmanabhan For Respondent : Mr.L.Baskaran Government Advocate (Crl. Side) 1/4

ORDER

The petitioner/A2 in Crime No.529 of 2023, registered by the respondent for the offences under Sections 8(c) r/w 22(b), 29(1) of NDPS Act and remanded to judicial custody on 10.02.2024 with possession of 8 grams of Methamphetamine which is intermediate quantity, seeks bail. 2.It is pointed out that co-accused had been granted bail by the learned Principal Special Judge under EC and NDPS Act Cases, Chennai. 3.Taking into consideration the fact that the quantity of contraband seized is intermediate quantity and that the co-accused had been granted bail and also that the period of incarceration, I am inclined to grant bail to the petitioner subject to the following conditions: 4.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 XV Metropolitan Magistrate, George Town, Chennai, 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.

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.

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C.V.KARTHIKEYAN.

J.

ata To

1. The XV Metropolitan Magistrate, George Town, Chennai.

2. The Central Prison II, Puzhal, Chennai.

3.The Inspector of Police, H-1, Washermenpet Police Station, Chennai.

4.The Public Prosecutor, High Court of Madras.

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