Amarnath (A5) v. State Rep. By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 25.03.2025
CORAM
THE HON'BLE MR. JUSTICE SUNDER MOHAN Amarnath ... Petitioner/A5 Vs.
State Rep. by Inspector of Police Rathinapuri Police Station Coimbatore ... Respondent PRAYER: Criminal Original Petition filed under Section 483 of BNSS, to enlarge the petitioner on bail in Crime No.349 of 2024 on the file of the respondent.
For Petitioner : Mr.D.Padmanabhan For Respondent : Ms.J.R.Archana Government Advocate (Criminal Side)
O R D E R
This Criminal Original Petition has been filed by the petitioner, who was arrested and remanded to judicial custody on 24.02.2025, seeking bail in Crime No.349 of 2024 registered for the offence under Section 8(c) r/w.20(b)(ii)(B) of the NDPS Act, and 25(1A) of Arms Act. 2.The case of the prosecution is that the petitioner/A5 along with other accused was found to be in possession of 2143 grams of ganja, an intermediate 1/4
quantity.
3.Learned counsel appearing for the petitioner submitted that the petitioner is an innocent person and he has been falsely implicated in this case, based on the confession statement of the main accused. He also submitted that the petitioner is in custody from 24.02.2025 and he is ready to abide by any stringent condition that may be imposed by this Court. Hence, he prayed for grant of bail to the petitioner.
4.Learned Government Advocate (Crl.Side) appearing for the respondent police, while opposing for grant of bail to the petitioner, reiterated the prosecution case. He also submitted that there are ten previous cases against the petitioner, in which, three are under NDPS Act, for possession of intermediate quantity of contraband.
5.Heard the learned counsel appearing for the petitioner and the learned Government Advocate (Crl. Side) for the respondent Police and perused the materials available on record.
6.Considering the nature of allegations, period of incarceration, that he was impleaded only on the confession of the co-accused, the fact that the petitioner was released on bail in all the previous cases and since further custody is not required for the purpose of interrogation, this Court is inclined to grant bail to the petitioner with certain conditions.
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7.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 Additional District Judge Special Court for Essential Commodities Act (EC Judge) of Coimbatore , 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, 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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SUNDER MOHAN, J.
sai To 1.The Additional District Judge Special Court for Essential Commodities Act (EC Judge) of Coimbatore 2.The Inspector of Police Rathinapuri Police Station Coimbatore 3.The Superintendent, Tiruppur District Prison 4.The Public Prosecutor, High Court of Madras.
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