Vishwarajan @ Vishwa v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 27.03.2024

CORAM

THE HON'BLE MR. JUSTICE C.V.KARTHIKEYAN Crl.OP.No.7766 of 2024 Vishwarajan @ Vishwa ...Petitioner Vs.

State Rep. by its The Sub Inspector of Police, Ariyankuppam Police Station, Puducherry.

Cr.No.38 of 2024 ... Respondent PRAYER: Criminal Original Petition filed under Section 439 of Cr.P.C. praying to enlarge the petitioner on bail in the above Crime No.38 of 2024 on the file of the respondent.

For Petitioner : Mr.G.EzhilBalaji For Respondent : Mr.K.S.Mohandass Public Prosecutor (Puducherry) assisted by M/s.N.Danalatchumy 1/4

ORDER

The petitioner/A3 in Crime No.38 of 2024 who was arrested and remanded to judicial custody on 07.03.2024, registered by the respondent police for the offences under 8(A)(c), 20(B)(II)(A) of NDPS Act, 77 of Juvenile Justice (Care and Protection of Children) Act and 34 of IPC seeks bail.

2. It is stated that the petitioner was arrested on 07.03.2024 with possession of 50 grams of ganja and the same were seized.

4. Taking into consideration the period of incarceration and the fact that the quantity of contraband seized is an intermediate quantity and all the surrounding factors, this Court is 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 2/4

the learned Special Judge, (under NDPS Act) Puducherry 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.

[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.

27.03.2024 Vv 3/4

C.V.KARTHIKEYAN, J.

Vv To

1. The Special Judge, (under NDPS Act) Puducherry 2.The Sub Inspector of Police, Ariyankuppam Police Station, Puducherry.

3.The Kalapet Prison, Puducherry.

4.The Public Prosecutor, Madras High Court.

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