Parthiban v. State Rep.By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 23.06.2021

CORAM:

THE HON'BLE MR.JUSTICE M.DHANDAPANI Crl.O.P.Nos.10487 and 10501 of 2021 1.Parthiban 2.Vigneshgwaran 3.Aron ... Petitioners in Crl.O.P.No.10487/2021 S.Vasanth ... Petitioner in Crl.O.P.No.10501/2021 Vs.

The State Represent by K10, Koyambedu Police Station, Chennai.

Crime No.278 of 2021.

... Respondent in both petitions COMMON PRAYER: Criminal Original petitions have been filed under Section 439 of Cr.P.C, prayed to enlarge the petitioners on bail in connection with the case in Cr.No.278 of 2021 pending investigation on the file of the respondent Police. For Petitioners in Crl.O.P.No.10487/2021 : Mr.R.Parthiban For Petitioners in Crl.O.P.No.10501/2021 : Mr.I.Periaswamy For Respondent in both petitions : Mr.A.Gopinath Government Advocate (Crl side) COMMON ORDER The petitioners, who were arrested on 08.05.2021 and remanded to judicial custody for the offence under Section 8(c) r/w. 20(b)(ii)(B) NDPS Act in Cr.No.278 of 2021, on the file of the respondent police, seek bail.

2. The case of the prosecution is that the petitioners were in illegal possession of 1 1⁄2 kg of Ganja and the same was seized by the respondent Police. Therefore, they were arrested and remanded to judicial custody.

3. The learned counsel for the petitioners submitted that the petitioners are no way connected with the alleged offence and further that they have not committed any offence as alleged by the prosecution and they have been falsely implicated in this case. Hence prays for grant of bail.

4. The learned Government Advocate (Crl.Side) submitted that there are no previous cases of similar nature pending against the petitioners and the investigation is pending.

5. Considering the fact that the recovered contraband is not a commercial quantity and the period of incarceration suffered by the petitioners and also the present COVID-19 pandemic situation, this Court is inclined to grant bail to the petitioners subject to the following conditions:

(a) the petitioners in Crl.O.P.No.10487/2021 shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) before the Superintendent, Central Prison, Puzhal, and the petitioner in Crl.O.P.No.10501/2021 shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) before the Jailer, Sub Jail, Poonamalle in which the petitioners are confined and on such execution, the petitioners shall be released from prison;

(b) Within a period of four weeks after the release, the petitioners in Crl.O.P.No.10487/2021 shall execute a bond for Rs.10,000/-(Rupees Ten Thousand only) each with two sureties each for a like sum to the satisfaction of the learned Special Court for NDPS Act and the petitioner in Crl.O.P.No.10501/2021 shall execute a bond for Rs.10,000/- (Rupees Ten Thousand only) with two sureties each for a like sum to the satisfaction of the V Metropolitan Magistrate, Egmore, Chennai ;

(c) In case of any difficulty in executing the said bond along with the sureties before the concerned Magistrate within the time stipulated above, the petitioners are permitted to file appropriate petition within a period of four week therefrom before the concerned Magistrate for extension of time for executing the bond along with sureties and if any such application is filed, the concerned Magistrate shall decide on the grant of extension of time for accepting the bond and sureties in accordance with law. Failing filing of any such application within the time prescribed above, the bail granted by this Court would stand automatically vacated.

(d)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;

(e)the petitioners shall report before the respondent police, daily at 10.30 a.m. until further orders; (f)the petitioners shall not tamper with evidence or witness either during investigation or trial; (g)the petitioners shall not abscond either during investigation or trial;

(h)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]; and; (i)if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.

6. In the result, this Criminal Original Petition is ordered.

-sd/- 23/06/2021 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 METROPOLITAN MAGISTRATE NO.V, EGMORE, CHENNAI.

2 THE CHIEF METROPOLITAN MAGISTRATE, EGMORE, CHENNAI [FOR INFORMATION] 3 THE SPECIAL COURT FOR NDPS ACT, CHENNAI.

4 THE JAILER, SUB-JAIL, POONAMALLEE.

5 THE SUPERINTENDENT, CENTRAL PRISON, PUZHAL, CHENNAI.

6 THE INSPECTOR OF POLICE, K10, KOYAMBEDU POLICE STATION, CHENNAI.

7 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

CC to M/S.R.PARTHIBAN Advocate on payment of necessary charges CRL.OP.NOS.10487 & 10501 OF 2021 Date :23/06/2021 MK:24/06/2021