Srinivasan v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Wednesday, the Twenty Fifth day of May Two Thousand Twenty Two PRESENT The Hon`ble Mr Justice M.NIRMAL KUMAR CRIMINAL ORIGINAL PETITION No.10907 of 2022 SRINIVASAN [ PETITIONER / ACCUSED ] Vs STATE REP BY [ RESPONDENT ] THE INSPECTOR OF POLICE, THIRUNINDRAVUR POLICE STATION, CHENNAI (CRIME NO.160 OF 2022) For Petitioner : M/S R.SASIKUMAR Advocate For Respondent : MR.A.DAMODARAN, Additional public Prosecutor PETITION FOR BAIL 439 Cr.P.C.

ORDER : The Court Made the following order :- The petitioner, who was arrested and remanded to judicial custody on 11.04.2022 for the alleged offences under Sections 8(c), 20(b)(ii)(B) and 25 of NDPS Act, in Crime No.160 of 2022 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that the petitioner was found in possession of 1.200 Kgs of ganja.

3.The learned Additional Public Prosecutor appearing for the respondent submitted that on information the petitioner was identified and after following the procedure, he was searched and from him 1.200 kgs of Ganja was seized and the same was recovered under Seizure Mahazer, sample was taken and thereafter the petitioner was arrested. The petitioner is a Ganja peddler, who created menace. He further submitted that in the year 2021, the petitioner has yet another similar case.

4.Considering the above and the findings that the petitioner is disfunct in the past, this Court is inclined to enlarge the petitioner on bail subject to imposing conditions.

5. 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, each for a like sum to the satisfaction of the learned Judicial Magistrate No.II, Thiruvallur 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 orders.

[c] the petitioner shall not tamper with evidence or witness either during investigation or trial.

[d] the petitioner shall not abscond 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 petitioners in accordance with law as if the conditions have been imposed and the petitioners 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 229A IPC.

-sd/- 25/05/2022 This order, on being produced, be punctually observed and carried into execution by all concerned TRUE COPY Sub-Assistant Registrar (Statistics/C.S.) High Court, Madras - 600 104.

TO 1 THE JUDICIAL MAGISTRATE, NO.II, THIRUVALLUR

2 THE CHIEF JUDICIAL MAGISTRATE THIRUVALLUR [FOR INFORMATION] 3 THE INSPECTOR OF POLICE, THIRUNINDRAVUR POLICE STATION, CHENNAI 4 THE SUPERINTENDENT, CENTRAL JAIL, PUZHAL 5 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

+1 CC to M/S R.SASIKUMAR Advocate on payment of necessary charges SR.NO.7855 CRL OP.10907/2022 Date :25/05/2022 JPA 26/05/2022