Jobai @ Joseph v. State Rep. By Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 23.04.2025

CORAM

THE HONOURABLE MR.JUSTICE SUNDER MOHAN Jobai @ Joseph ... Petitioner(s) /Accused 1 Vs.

State rep. by Inspector of Police, D-1, Triplicane Police Station, Chennai ... Respondent(s)/ Complainant Crime No.114 of 2025 Prayer: Criminal Original Petition filed under Section 483 of BNSS 2023, to enlarge the petitioner on bail pending investigation in Crime No.114 of 2025 on the file of the respondent.

For petitioner(s) : Mr.S.Mohan Raj For Respondent(s) : M/s.J.R.Archana Government Advocate (Crl.Side) Page No.1 of 6

O R D E R

This Criminal Original Petition has been filed by the petitioner, who was arrested and remanded to judicial custody on 19.02.2025, seeking bail in Crime No.114 of 2025 registered for the offences under Sections 8(c) r/w Sections 20(b)(ii(B) and 29(1) of NDPS Act.

2. The case of the prosecution is that the petitioner was found in illegal possession of 2 kgs of Ganja. Hence, the case.

3. Learned counsel appearing for the petitioner submitted that the allegations against the petitioner are false; that petitioner is in custody from 19.02.2025 and in any case, further custody is not required for the purpose of investigation. Hence, he prayed for grant of bail to the petitioner.

4. Learned Government Advocate (Crl.Side) appearing for the respondent police, and on instructions, submitted that, apart from this case, petitioner has other previous cases and he is on bail in those cases. Page No.2 of 6

5. Considering the nature of allegations, period of incarceration, 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 II Metropolitan Magistrate, Egmore, 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 stay at Coimbatore and report before the C2- Race Course Police Station, Coimbatore everyday at 10.30 a.m., except the hearing dates and before the trial court on all hearing dates until further orders;

[c] the petitioner shall not abscond either during investigation or trial; Page No.3 of 6

[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 B.N.S.

23.04.2025 Index : Yes/No Speaking Order/Non Speaking Order Internet: Yes/No skr Page No.4 of 6

To

1. Inspector of Police, D-1, Triplicane Police Station, Chennai

2. The Public Prosecutor, Madras High Court, Chennai.

3. Learned II Metropolitan Magistrate, Egmore.

4. The Superintendent of Prison, Central Prison, Puzhal.

Page No.5 of 6

SUNDER MOHAN, J.

skr 23.04.2025 Page No.6 of 6