V.Thandapani v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 10.04.2024

CORAM

THE HON'BLE MRS.JUSTICE T.V.THAMILSELVI Crl.O.P.No.7074 of 2024 V.Thandapani ... Petitioner Vs.

State Rep by.

The Inspector of Police PEW Vellore Police Station, Crime No. 208 of 2023 ... Respondent PRAYER: Criminal Original Petition filed under Section 439 of Cr.P.C., pleased to grant bail to the petitioner in connection with the case registered in crime No. 208 of 2023 on the file of the respondent police pending investigation.

For Petitioner : Mr.R.Venkatraman For Respondent : Mr.V.Meganathan Government Advocate (Crl. Side) 1/5

O R D E R

The petitioner, who was arrested and remanded to judicial custody on 07.12.2023 for the alleged offences punishable under Sections 8 (c ) r/w 20(b)(ii) (c ) and 29(1) of NDPS Act, in crime No.208 of 2023 on the file of the respondent, seeks bail.

2. The case of the prosecution is that the respondent police found the accused persons with illegal possession of 23 kgs of Ganja. Hence the case.

3. The learned counsel for the petitioner submits that the petitioner is jail for past four months and also contraband was not recovered from this petitioner. Hence, he prays to allow this petition.

4. On the other side, the learned Government Advocate (Crl. side) submits that respondent police found respondent police found the accused persons with illegal possession of 23 kgs of Ganja. Further, he submitted that contraband was not recovered from the petitioner and 8 previous case pending against the petitioner. However, he raised objection to grant bail.

5. Considering the facts of the case, the petitioner is in jail for 2/5

more than three months and also contraband was not recovered from this petitioner, and other accused also released on bail. Hence, this Court is inclined to grant bail to the petitioner.

6. Accordingly, the petitioner is ordered to be released on bail on his executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties ( one must be a blood surety), each for a like sum to the satisfaction of the learned Judicial Magistrate No. I, Salem 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;

[b] the petitioner shall stay at Thiruvannamalai District and report before the Town Police Station, Thiruvannamalai daily at 10.30 a.m., for a period of six months.

[c] the petitioner shall not abscond either during investigation or trial;

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[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 abscond, a fresh FIR can be registered under Section 229A IPC.

10.04.2024 pbl 4/5

T.V.THAMILSELVI,J.

pbl To

1. The Judicial Magistrate No. I, Salem

2. The Inspector of Police PEW Vellore Police Station.

3. The Central Prison, Palayamkottai.

4. The Public Prosecutor, High Court of Madras.

5. The Inspector of Police, Town Police Station, Thiruvannamalai. Crl.O.P.No.7074 of 2024 10.04.2024 5/5