Kannan v. The State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 25.04.2024

CORAM

THE HON'BLE MRS.JUSTICE T.V.THAMILSELVI Crl.O.P.No.10070 of 2024 Kannan ... Petitioner Vs.

State Rep by.

The Inspector of Police, V-5, Thirumangalam Police Station, Chennai.

Crime No. 75 of 2024.

... Respondent PRAYER: Criminal Original Petition filed under Section 439 of Cr.P.C., pleased to enlarge the petitioner on bail in crime No. 75 of 2024 pending investigation on the file of the respondent/complainant. For Petitioner : Mr. P.Surendran 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 29.02.2024 for the alleged offences punishable under Sections 276, 328, 353, 294(b), 506(i) IPC r/w 8 (c ), 20(b) (ii) (A ), of (NDPS) Act 1985 in crime No. 75 of 2024 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that the accused persons were found to be illegal possession of Tydol 100 mg, Topsynta - 100 mg and 300 grams Ganja. Hence the case.

3. The learned counsel for the petitioner submits that the petitioner has been falsely implicated in this case and also co-accused have been released on bail. Learned counsel prays to grant bail to the petitioner.

4. On the other side, the learned Government Advocate (Crl. side) submits that accused persons were found to be illegal possession of Tydol 100 mg, Topsynta - 100 mg and 300 grams Ganja and the petitioner is arrayed as A3. Further, he stated that there are 10 previous cases pending against the petitioner out of which 3 NDPS cases. 2/5

5. Considering the period of incarceration undergone by the petitioner and the contraband seized from the petitioner is intermediate quantity and also 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 XIII M.M, Egmore, 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 alternative days at 10.30 a.m., for a period of four months and thereafter as and when required for interrogation. Further, the petitioner shall deposit a sum of Rs.10,000/- to the credit of registered Advocate Clerks welfare 3/5

association, Chennae.

[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, 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.

25.04.2024 pbl 4/5

T.V.THAMILSELVI,J.

pbl To

1. The XIII M.M, Egmore 2.The Inspector of Police, V-5, Thirumangalam Police Station, Chennai.

3. The Central prison - II, Puzhal.

4. The Public Prosecutor, High Court of Madras.

Crl.O.P.No.10070 of 2024 25.04.2024 5/5