Mohammed Abdhul Raguman v. The State Rep By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 20.04.2022
CORAM:
THE HON'BLE Dr. JUSTICE G.JAYACHANDRAN Crl.O.P.No.8327 of 2022 Mohamed Abdhul Raguman .. Petitioner Vs.
State Rep by The Inspector of Police, Erumaptty Police Station, Namakkal District.
(Crime No.664 of 2021) .. Respondent PRAYER: Criminal Original Petition has been filed under Section 439 of Cr.P.C praying to enlarge the petitioner on bail, in the case pending investigation in Crime No.664 of 2021 on the file of the Respondent Police.
For Petitioner : Mr.S.Kasirajan For Respondent : Mrs.G.V.Kasthuri Additional Public Prosecutor ********
O R D E R
The petitioner who was arrested on 07.02.2022 for the offences punishable under Sections 8(b), 20(a)(i) & 29(1) of Narcotic Drugs & Psychotropic Substances Act, 1985, in Crime No.664 of 2021, on the file of the respondent police, seeks bail.
2. The petitioner herein is one among the eight accused. They have cultivated ganja seed, which came to be recovered from the front yard of the A1 house. The respondent police had seized eight well grown ganja plant, six feet each, totally weighing 12 kilograms. This petitioner was arrested on 07.02.2022.
3. The learned Additional Public Prosecutor states that chemical analysis report yet to be received.
4. The learned counsel for the petitioner states that all other co-accused has been granted bail in this case and this petitioner has no overt act regarding the alleged cultivation of the ganja plant found in front of the A1 house.
5. Considering the fact that the investigation is almost completed, this Court is inclined to grant bail to the petitioner. Accordingly, the petitioner is ordered to be released on bail subject to the following conditions;
(a) the petitioner shall execute a bond for a sum of Rs.50,000/- (Rupees Fifty Thousand only) with two sureties, each for a like sum to the satisfaction of the learned Special Judge for EC/NDPS Act Cases, Salem.
(b) the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the learned Magistrate may obtain a copy of their Aadhar Card or Bank Pass Book to ensure their identity; (c) the petitioner is directed to report before the Investigating Officer daily at 10.30 a.m., until further orders; (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 Judicial 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.
-sd/- 20/04/2022 This order, on being produced, be punctually observed and carried into execution by all concerned TRUE COPY Sub-Assistant Registrar (Statistics/C.S.) High Court, Madras - 600 104.
TO 1 THE SPECIAL JUDGE FOR EC/NDPS ACT CASES, SALEM.
2 THE SUPERINTENDENT, CENTRAL PRISON, TRICHY.
3 THE INSPECTOR OF POLICE, ERUMAPATTY POLICE STATION, NAMAKKAL DISTRICT.
4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
+1 CC to M/S. S.KASIRAJAN Advocate on payment of necessary charges SR.NO. 5878 CRL OP.8327/2022 Date :20/04/2022 RW 21/04/2022