Kumaravel @ Potti v. The State Rep. By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 26.03.2024

CORAM

THE HON'BLE MR. JUSTICE C.V.KARTHIKEYAN Crl.OP.No.7394 of 2024 Kumaravel @ Potti ...Petitioner Vs.

The State represented by, The Inspector of Police, C-2, Sunguvarchatram Police Station, Kanchipuram District.

Cr.No.128 of 2024

...Respondent

PRAYER: Criminal Original Petition filed under Section 439 of Cr.P.C. praying to enlarge the petitioner on bail in Crime No.128 of 2024 on the file of the respondent police.

For Petitioner : Mr.D.Magesh For Respondent : Mr.L. Baskaran Government Advocate (Crl.Side)

ORDER

The petitioner/A2 seeks bail in Crime No.128 of 2024 registered under Sections 294(b), 332, 353, 506(2) of IPC and Sections 8(c), 20(b)(ii)(B), 25 and 29(1) of NDPS Act 1985.

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2.The petitioner had been remanded to judicial custody on 18.02.2024 with possession, along with other accused of 2 kgs of ganja. 3.Taking into consideration the period of incarceration and the fact that the contraband seized is an intermediate quantity, this Court is 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 learned Judicial Magistrate, Sriperumpudur 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 report before the respondent Police, daily at 10.00 a.m., until further orders. [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 absconds, a fresh FIR can be registered under Section 229A IPC.

26.03.2024 Vv To

1. The Judicial Magistrate, Sriperumpudur 2.The Inspector of Police, C-2, Sunguvarchatram Police Station, Kanchipuram District.

3.The Central Prison, Puzhal.

4.The Public Prosecutor, Madras High Court.

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C.V.KARTHIKEYAN, J.

Vv Crl.OP.No.7394 of 2024 26.03.2024 4/4