Venkatapathi Raju v. Inspector Of Police

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.9604 of 2024 Venkatapathi Raju ... Petitioner Vs.

State Rep by.

The Inspector of Police, N-4, Fishing Harbour Police Station, Chennai.

Crime No. 74 of 2023.

... Respondent PRAYER: Criminal Original Petition filed under Section 439 of Cr.P.C., pleased to enlarge the petitioner on bail pending trial in C.C No. 446 of 2023 on the file of Principal Special judge for NDPS Act, Chennai. For Petitioner : Mr. T.S.Sasikumar 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 15.03.2023 for the alleged offences punishable under Sections 8 (c ) r/w 20(b) (ii) (C ),25, 29(1) of (NDPS) Act 1985 in crime No. 74 of 2023 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 21.450 kgs of Ganja. Hence the case.

3. The learned counsel for the petitioner submits that the petitioner has been falsely implicated in this case and he is an innocent person. 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 21.450 kgs of Ganja. Further, he stated that contraband was not recovered from him.

5. Considering the period of incarceration undergone by the petitioner and there is no bad antecedents against the petitioner. Further, the contraband was not recovered from him. Hence, this Court is inclined to grant bail to the petitioner.

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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 Principal Sessions judge for NDPS Act, 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 on alternative days at 10.30 a.m., for a period of three months and thereafter as and when required for interrogation.

[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 3/5

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 T.V.THAMILSELVI,J.

pbl To

1. The Principal Sessions judge for NDPS Act, Chennai. 2.The Inspector of Police, N-4, Fishing Harbour Police Station, Chennai.

3. The Central prison, Puzhal, Chennai.

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4. The Public Prosecutor, High Court of Madras.

Crl.O.P.No.9604 of 2024 25.04.2024 5/5