Shyam v. The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 28.03.2024

CORAM

THE HON'BLE MR. JUSTICE C.V.KARTHIKEYAN Crl.OP.No.7722 of 2024

1. Shyam

2. Hariharan

3. Badal kumar rout Vs.

The State Rep by Inspector of Police, J13 Tharamani Police Station, Chennai.

Cr.No.56 of 2024 ... Respondent PRAYER: Criminal Original Petition filed under Section 439 of Cr.P.C. praying to enlarge the petitioners on bail in Crime No.56 of 2024 on the file of the respondent.

For Petitioners : Mr.M.Sarath Kumar For Respondent : Mr.L.Baskaran Government Advocate (Crl.Side)

ORDER

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The petitioners/accused in Crime No.56 of 2024 who were arrested and remanded to judicial custody on 06.03.2024, registered by the respondent police for the offences under Sections 8(c) r/w 20(b)(ii)(B),29(1)25 of Narcotic Drugs and Psychotropic Substances Act, 1985 seek bail.

2. It is stated that the petitioners were found in possession of 1.150 kgs of ganja.

3. Taking into consideration and the period of incarceration and the fact that the quantity of contraband seized is an intermediate quantity, this Court is inclined to grant bail to the petitioners subject to the following conditions.

4. Accordingly, the petitioners are ordered to be released on bail on condition to execute separate bonds for a sum of Rs.10,000/- (Rupees Ten Thousand only) each with two sureties, for a like sum to the satisfaction of the learned Special Court and Sessions Judge for NDPS Act case, 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 2/4

obtain a copy of their Aadhar card or Bank pass Book to ensure their identity.

[b] the petitioners shall report before the respondent Police, daily at 10.00 a.m., until further orders. [c]the petitioners shall not abscond either during investigation or trial.

[d] the petitioners 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 petitioners in accordance with law as if the conditions have been imposed and the petitioners 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.

28.03.2024 Vv C.V.KARTHIKEYAN, J.

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To

1. The Special Court and Sessions Judge for NDPS Act case, Chennai.

2.The Inspector of Police, J13 Tharamani Police Station, Chennai.

3.The Puzhal Jail-II.

4.The Public Prosecutor, Madras High Court.

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