Samsuddin Molla v. State Rep By The Inspector Of Police

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.8944 of 2024 Samsuddin Molla ... Petitioner Vs.

State Rep by.

The Inspector of Police, NIB-CID Kancheepuram Crime No. 4 of 2023.

... Respondent PRAYER: Criminal Original Petition filed under Section 439 of Cr.P.C., that the petitioner may be enlarged on bail pending trial in C.C No. 622 of 2023 on the file of the 1st Additional Special judge, NDPS Act, chennai. For Petitioner : Mr. T.S.Sasikumar 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 08.03.2023 for the alleged offences punishable under Sections 8 (c ) r/w 20(b) (ii) (C ) of (NDPS) Act 1985 in crime No. 4 of 2023 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 21 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 21 kgs of Ganja. Further, he stated that there is no previous case pending against the petitioner.

5. Considering the period of incarceration undergone by the petitioner for the past one year he was in jail and also there is no previous case against the petitioner. Hence, this Court is inclined to grant bail to the 2/5

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 1st Additional Special judge, 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 stay at Kancheepuram and 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 investigation or trial;

[d] the petitioner shall not tamper with evidence or witness either during investigation or trial; 3/5

[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 1st Additional Special judge, NDPS Act, chennai. 2.The Inspector of Police, NIB CID Kancheepuram

3. The Central prison, Puzhal - II, Chennai.

4. The Public Prosecutor, High Court of Madras.

Crl.O.P.No.8944 of 2024 26.04.2024 5/5