← Library
Madras High CourtCRL OP/9001/2024granted

Ajith Kumar @ Karuvadu Ajith v. State Rep By

2024-04-26Honourable Mrs Justice T.V.Thamilselvi5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 26.04.2024

CORAM

THE HON'BLE MRS.JUSTICE T.V.THAMILSELVI Crl.O.P.No.9001 of 2024 Ajith Kumar @ Karuvadu Ajith ... Petitioner Vs.

State Rep by.

The Inspector of Police, H-6 R.K. Nagar Police Station, Chennai - 600 021.

Crime No. 176 of 2024.

... Respondent PRAYER: Criminal Original Petition filed under Section 439 of Cr.P.C., pleased to enlarge the petitioner/accused on bail and pending investigation in crime No. 176 of 2024 on the file of The Inspector of Police, H-6 R.K. Nagar Police Station, Chennai - 600 021.

For Petitioner : Mr. V.Saravanan For Respondent : Mr.V. Meganathan Government Advocate (Crl. side) 1/5

O R D E R

The petitioner, who was arrested and remanded to judicial custody on 03.03.2024 for the alleged offences punishable under Sections 8 (c ) r/w 20(b) (ii) (B ), 25, 29(1) of Narcotic Drugs and Psychotropic Substances (NDPS) Act 1985 in crime No. 176 of 2024 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that the accused person was found to be illegal possession of 2.225 kgs of Ganja. Hence the case.

3. The learned counsel for the petitioner submits that the petitioner has been falsely implicated in this case. Learned counsel prays to grant bail to the petitioner.

4. On the other side, the learned Government Advocate (Crl. side) submits that the accused person was found to be illegal possession of 2.225 kgs of Ganja. Further, he stated that there are six previous case pending against the petitioner.

2/5

5. Considering the period of incarceration undergone by the petitioner and also the petitioner availed with bail in other cases. Further, the investigation is almost completed. Hence, this Court is inclined to grant bail to the petitioner.

6. Accordingly, the petitioner is ordered to be released on bail on 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 Principal Sessions Judge and under EC and NDPS Act, Chennai, 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 on Every Thursday at 10.30 a.m., for a period of four months and thereafter as and when required for interrogation.

[c] the petitioner shall not abscond either during 3/5

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

26.04.2024 pbl 4/5

T.V.THAMILSELVI,J.

pbl To

1. The Principal Sessions Judge and under EC and NDPS Act, Chennai 2.The Inspector of Police, H-6 R.K. Nagar Police Station, Chennai - 600 021.

3. The Central prison, Puzhal, Chennai.

4. The Public Prosecutor, High Court of Madras.

Crl.O.P.No.9001 of 2024 26.04.2024 5/5