Murali v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 02.04.2024

CORAM

THE HON'BLE MRS.JUSTICE T.V.THAMILSELVI Crl.O.P.No.7780 of 2024 Murali ... Petitioner Vs.

The Inspector of Police, B-1 North Beach Police Station.

Crime No. 333 of 2023 ... Respondent PRAYER: Criminal Original Petition filed under Section 439 of Cr.P.C., pleased to enlarge the petitioner on bail in C.C No. 100 of 2024 on the file of the Hon'ble Special Court for EC & NDPS Act in crime No. 333 of 2023 on the file of the respondent police.

For Petitioner : Mr.M.D.Arumugam 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 25.11.2023 for the alleged offences punishable under Sections 8 (c ) r/w 20 (b)(ii)(B) and 29(1) of NDPS Act, on the file of the respondent, seeks bail.

2. The case of the prosecution is that the respondent police found the petitioner along with other accused were in illegal possession of 1.265 kgs of Ganja. Hence, the case.

3. The learned counsel for the petitioner submits that the petitioner has been falsely implicated in this case. On the other side, the learned Government Advocate (Crl. side) submits that there are four previous case pending against the petitioner and also the petitioner was detained under Goondas Act and thereafter it was revoked.

4. Considering the fact of the case, the contraband seized from the petitioner is intermediate quantity. Hence, this Court is inclined to grant bail to the petitioner.

5. Accordingly, the petitioner is ordered to be released on bail on 2/5

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 VII Metropolitan Magistrate, Geaorge Town, 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 obtain a copy of their Aadhar card or Bank pass Book to ensure their identity;

[b] the petitioner shall report before the respondent police at 10.30 a.m., for a period of two months;

[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];

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[f] If the accused thereafter abscond, a fresh FIR can be registered under Section 229A IPC.

02.04.2024 pbl 4/5

T.V.THAMILSELVI,J.

pbl To

1. The VII Metropolitan Magistrate, Geaorge Town, Chennai.

2. The Inspector of Police, B-1 North Beach Police Station.

3. The Central Prison, Puzhal.

4. The Public Prosecutor, High Court of Madras.

Crl.O.P.No.7780 of 2024 02.04.2024 5/5