Baskaran v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 17.04.2024

CORAM

THE HON'BLE MRS.JUSTICE T.V.THAMILSELVI Crl.O.P.No.8947 of 2024 Baskaran ... Petitioner Vs.

State Rep by.

The Inspector of Police, Ambattur PEW Police Station, Avadi City.

Crime No. 170 of 2023.

... Respondent PRAYER: Criminal Original Petition filed under Section 439 of Cr.P.C., pleased to enlarge the petitioner on bail in C.C No. 699 of 2023 on the file of 1st Additional special Judge for EC and NDPS Court at Chennai pending on the file of the respondent.

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

O R D E R

The petitioner, who was arrested and remanded to judicial custody on 12.03.2023 for the alleged offences punishable under Sections 8 (c ) and 20(b)(ii)(C) of (NDPS) Act in crime No. 170 of 2023 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that the accused were found to be illegal possession of 22 kgs of Ganja. Hence the case.

3. The learned counsel for the petitioner submits that the petitioner/A2 has been falsely implicated in this case and he is an innocent person. Further, he submitted that contraband recovered from this petitioner is intermediate quantity and also A1 has been released on bail. Learned counsel prays to grant anticipatory bail to the petitioner.

4. On the other side, the learned Government Advocate (Crl. side) submits that four accused were found to be illegal possession of 22 kgs of Ganja. Further, he stated that there is no previous case pending against the petitioner. However, he raised objection to grant bail.

5. Considering the period of incarceration undergone by the petitioner/A2 and the contraband recovered from this petitioner is 2/5

intermediate quantity and also A1 has been released on bail. 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 I Additional Special Judge for EC and NDPS Court, 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 daily at 10.30 a.m., until further 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.

17.04.2024 pbl T.V.THAMILSELVI,J.

pbl To

1. The I Additional Special Judge for EC and NDPS Court, Chennai . 4/5

2. The Inspector of Police, Ambattur PEW Police Station, Avadi City.

3. The Central Prison, Puzhal.

4. The Public Prosecutor, High Court of Madras.

Crl.O.P.No.8947 of 2024 17.04.2024 5/5