Velu @ Vadivelu v. State Rep.By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 22.03.2024

CORAM

THE HON'BLE MR. JUSTICE C.V.KARTHIKEYAN Velu @ Vadivelu

...Petitioner/A2

Vs.

State represented by The Inspector of Police, K-3, Aminjikarai Chennai Police Station, Chennai.

...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.85 of 2024 on the file of the respondent police.

For Petitioner : Mr.A.Samson For Respondent : Mr.L.Baskaran Government Advocate (Crl. Side) 1/4

ORDER

The petitioner/A2 seeks bail in Crime No.85 of 2024, registered by the respondent police for the offences under Section 8(c) r/w Section 20(b)(ii)(B), 29(1) of the NDPS Act. The petitioner had been remanded to judicial custody on execution of Prisoner in Transit warrant on 22.02.2024.

2.It is stated that the petitioner and the other accused were found in possession of 1.200 kgs of ganja.

3.It is stated there are four previous cases against the petitioner, out of which, two are under NDPS cases. The learned counsel for the petitioner however stated that in one case, the petitioner was acquitted. 4.Taking all the factors into consideration, I am inclined to grant bail to the petitioner subject to the following conditions: 5.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 V Metropolitan Magistrate, Egmore, Chennai, and on further conditions that: - [a] the sureties shall affix their photographs and Left Thumb 2/4

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.

[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.

22.03.2024 ata C.V.KARTHIKEYAN.

J.

3/4

ata To

1. The V Metropolitan Magistrate, Egmore, Chennai.

2. The Central Prison, Puzhal-II, Chennai.

3.The Inspector of Police, K-3, Aminjikarai Chennai Police Station, Chennai.

4.The Public Prosecutor, High Court of Madras.

Crl.O.P.No.7064 of 2024 22.03.2024 4/4