Ramesh v. The State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Thursday, the Nineteenth day of May Two Thousand Twenty Two PRESENT The Hon`ble Mr Justice N. ANAND VENKATESH CRIMINAL ORIGINAL PETITION No.11062 of 2022 RAMESH [ PETITIONER / ACCUSED ] Vs THE STATE REP BY [ RESPONDENT ] INSPECTOR OF POLICE, P4, BASIN BRIDGE POLICE STATION, CHENNAI.

CRIME NO.187 OF 2022 For Petitioner : M/S.T.S.SRINIVASAN Advocate For Respondent : MR.S.SANTHOSH, Govt. Advocate (Crl. Side) 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 12.04.2022 for alleged offence under Sections 8(c) r/w 20(b)(ii)B of the NDPS Act, seeks bail.

2. The case of the prosecution is that the petitioner was found in possession of 1300 gms. of ganja. It is further stated that the petitioner has one previous case of similar nature. There are totally two accused persons in this case and the petitioner has been arrayed as A-2.

3. Heard Mr.T.S.Srinivasan, learned counsel for the petitioner and Mr.S.Santhosh, learned Government Advocate (Criminal Side) for the respondent.

4. Taking into consideration the facts and circumstances of the case and also the facts that the petitioner has suffered incarceration for nearly one month, the quantity involved is an inbetween quantity and the petitioner was not involved in supply of ganja, this Court is inclined to enlarge the petitioner on bail.

5. Accordingly, the petitioner is ordered to be released on bail on his executing a bond for a sum of Rs.5,000/- (Rupees Five Thousand only) with two sureties, each for a like sum to the satisfaction of the V Metropolitan Magistrate Court, Egmore, 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 appear before the V Metropolitan Magistrate, Egmore, Chennai, every Monday at 10.30 a.m., until further orders.

[c] the petitioner shall report before the respondent police every Friday at 10.30 a.m., until further orders. [d] the petitioner shall not tamper with evidence or witness either during investigation or trial.

[e] the petitioner shall not abscond either during investigation or trial.

[f] 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]. [g] If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.

-sd/- 19/05/2022 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 METROPOLITAN MAGISTRATE, NO.V, EGMORE, CHENNAI 2 THE CHIEF METROPOLITAN MAGISTRATE, EGMORE, CHENNAI [FOR INFORMATION] 3 THE INSPECTOR OF POLICE, P4, BASIN BRIDGE POLICE STATION, CHENNAI.

4 THE SUPERINTENDENT, CENTRAL PRISON, PUZHAL, CHENNAI 5 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

+1 CC to M/S.T.S.SRINIVASAN Advocate on payment of necessary charges SR.NO.7359 CRL OP.11062/2022 Date :19/05/2022 JPA 19/05/2022