Chandrasekar v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 30.04.2024

CORAM

THE HON'BLE MRS.JUSTICE T.V.THAMILSELVI Crl.O.P.No.10173 of 2024 Chandrasekar ... Petitioner Vs.

State Rep by.

The Inspector of Police, R.K Nagar Police Station, Chennai.

Crime No. 148 of 2023.

... Respondent PRAYER: Criminal Original Petition filed under Section 439 of Cr.P.C., pleased to enlarge the petitioner on bail in crime No. 148/2023, on the file of the Inspector of Police, R.K Nagar Police Station, Chennai. For Petitioner : Mr. S.Jayaprakash For Respondent : Mr.V. Meganathan Government Advocate (Crl. side)

O R D E R

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The petitioner, who was arrested and remanded to judicial custody on 17.04.2023 for the alleged offences punishable under Sections 8 (c ), 22(c) 25, 29(1) of (NDPS) Act 1985 in crime No. 148 of 2023 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that the accused person were found to be in illegal possession of 60 grams of Methamphetamine. Hence the case.

3. The learned counsel for the petitioner submits that the petitioner has been falsely implicated in this case based on the confession statement. Learned counsel prays to grant bail to the petitioner.

4. On the other side, the learned Government Advocate (Crl. side) submits that based on the confession the petitioner implicated in this case and also stated there is no recovery from this petitioner.

5. Considering the period of incarceration undergone by the petitioner and also there is no previous case pending against the petitioner. Further, the contraband was not recovered from this petitioner. Hence, this Court is inclined to grant bail to the petitioner. 2/5

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 Metropolitan Magistrate Court- XV, George Town, chennai - 600 001, 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 the Advocate Clerks Welfare Association, Chennai. [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.

30.04.2024 pbl T.V.THAMILSELVI,J.

pbl To

1. The Metropolitan Magistrate Court- XV, George Town, chennai - 600 001, 2.The Inspector of Police, 4/5

R.K Nagar Police Station, Chennai.

3. The Central prison, Puzhal, Chennai.

4. The Public Prosecutor, High Court of Madras.

Crl.O.P.No.10173 of 2024 30.04.2024 5/5