Moorthy v. State Rep By, The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 20.03.2025

CORAM

THE HON'BLE MR. JUSTICE SUNDER MOHAN Moorthy ... Petitioner/ Accused No.2 Vs.

State Rep. By, The Inspector of Police, P6 Kodungaiyur Police Station, Chennai. (Crime No.108 of 2025) ... Respondent PRAYER: Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, pleased to enlarge the petitioner on bail, in connection with Crime No.108 of 2025, pending investigation on the file of the respondent Police.

For Petitioner : Mr. S. Senthilvel For Respondent : Mr. J. R. Archana Government Advocate (Crl. Side) ****** 1/6

O R D E R

Petition seeking bail in respect of Crime No.108 of 2025 registered for the alleged offences punishable under Section 8(c), 20(b)(ii)(B) and 29(1) of NDPS Act, is on board for consideration.

2.

The case of the prosecution is that, based on a secret information, the respondent police went to the spot and found that the petitioner and other accused were in illegal possession of 2 kilograms of Ganja for the purpose of illegal sales; and that the contraband was seized. Hence, this case. 3.

The learned counsel appearing for the petitioner submits that the petitioner is innocent and he has been falsely implicated in this case and has not committed any offence as alleged by the prosecution; that the petitioner has been arrested and remanded to judicial custody on 25.02.2025; and that the petitioner is ready to abide by any stringent condition that may be imposed by this Court and to appear and co-operate for the investigation, and prayed for grant of bail to the petitioner.

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4.

The learned Government Advocate (Crl. Side) appearing for the respondent reiterated the prosecution case and on instruction submitted that the petitioner is arrayed as A2 in this case; that the petitioner has three previous cases under NDPS Act, six IPC cases and three TNP Act; and that the investigation is pending.

5.

Taking into consideration the facts and circumstances of the case, considering the nature of allegation against the petitioner, the submissions made by the learned counsels on either side, the fact that the petitioner is on bail in all other cases, the contraband seized is of intermediate quantity, the period of incarceration undergone by the petitioner and since further custody of the petitioner is not required for the purpose of investigation, this Court is inclined to grant bail to the petitioner with certain conditions. 6.

Accordingly, the petitioner is ordered to be released on bail on his executing a bond for a sum of Rs.15,000/- (Rupees Fifteen Thousand only) with two sureties, each for a like sum to the satisfaction of the learned Principal Special Judge under EC & NDPS Act Court, Chennai and on further conditions that:

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[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 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 269 of B.N.S.

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20.03.2025 stn To

1. The Principal Special Judge under EC & NDPS Act Court, Chennai.

2. The Inspector of Police, P6 Kodungaiyur Police Station, Chennai. (Crime No.108 of 2025)

3. The Superintendent, Central Prison, Puzhal, Chennai.

4. The Public Prosecutor, High Court of Madras.

SUNDER MOHAN, J.

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stn 20.03.2025 6/6