Ravi Rajvanshi v. The State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 10.04.2024

CORAM

THE HON'BLE MRS.JUSTICE T.V.THAMILSELVI Crl.O.P.No.8822 of 2024 Ravi Rajvanshi ... Petitioner Vs.

State Rep by.

The Inspector of Police, NIB- CID Vellore Police Station, Vellore District.

Crime No. 11 of 2024 ... Respondent PRAYER: Criminal Original Petition filed under Section 439 of Cr.P.C., pleased to order enlarge the petitioner on bail in crime No. 11 of 2024 on the file of the respondent.

For Petitioner : Mr.Deepak Kumar For Respondent : Mr.V.Meganathan, Government Advocate (Crl. Side)

O R D E R

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The petitioners, who were arrested and remanded to judicial custody on 22.02.2024 for the alleged offences punishable under Sections 8 (c ) & 20 (b)(ii)(B)of NDPS Act in crime No. 11 of 2024 on the file of the respondent, seeks bail.

2. The case of the prosecution is that the respondent police found the petitioners with the illegal possession of 10 kgs of Ganja. Hence, the case.

3. The learned counsel for the petitioner submits that the petitioner have been falsely implicated in this case. On the other side, the learned Government Advocate (Crl. side) submits that 10 kgs of Ganja has been seized from the petitioner.

4. Considering the period of incarceration undergone by the petitioners and contraband seized from the petitioner is intermediate quantity, and there is no previous case against the petitioner. 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 Judicial Magistrate No. I, Salem, 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 10.30 a.m., for a period of two months. Further, the petitioner is directed to deposit a sum of Rs.15,000/- to the credit of registered Advocate Clerk Association, Salem, within a period of two weeks from the date of receipt of a copy of this order :

[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, 3/5

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 abscond, a fresh FIR can be registered under Section 229A IPC.

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T.V.THAMILSELVI,J.

pbl To

1. The Judicial Magistrate No.I, Salem.

2. The Inspector of Police, NIB- CID Vellore Police Station, Vellore District.

3. The Central Prison, Salem.

4. The Public Prosecutor, High Court of Madras.

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