Gokulbalan v. The Inspector Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 10.06.2022
CORAM:
THE HON'BLE Dr. JUSTICE G.JAYACHANDRAN Crl.O.P.No.11646 of 2022 Gokulbalan .. Petitioner Vs.
State Rep. by The Inspector of Police, Chidambaram Town Police Station, Cuddalore District.
(Crime No.347 of 2022) .. Respondent PRAYER: Criminal Original Petition has been filed under Section 439 of Cr.P.C praying to enlarge the petitioner on bail in Crime No.347 of 2022 pending investigation on the file of the respondent police. For petitioner : Mr.S.T.Raja For Respondent : Mr.S.Udayakumar Government Advocate (Crl.Side) ********
ORDER
The petitioner, who was arrested for the alleged offences under Sections 8(c), 20(b)(ii)(B), 25 and 29(1) of Narcotic Drugs & Psychotropic Substances Act, 1985 in Crime No.347 of 2022, on the file of the respondent police, seeks bail.
2. The case of the prosecution is that the petitioner was found in possession of 1.100 Grams of ganja.
3. The learned Government Advocate (Crl.Side) for the respondent submits that the final report is not yet filed. The petitioner is an adolescent offender aged 19 years. He has no bad antecedent.
4. Considering the said fact, the petitioner is ordered to be released on bail subject to the following conditions;
(a) The petitioner shall execute a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) with two sureties, each for a like sum to the satisfaction of the learned Judicial Magistrate No.II, Chidambaram; (b) the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the learned Magistrate may obtain a copy of their Aadhar Card or Bank Pass Book to ensure their identity;
(c) the petitioner is directed to report before the Investigation Officer as and when required for interrogation;
(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 Judicial 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 absconds, a fresh FIR can be registered under Section 229A IPC.
-sd/- 10/06/2022 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 JUDICIAL MAGISTRATE, NO.II, CHIDAMBARAM.
2 THE CHIEF JUDICIAL MAGISTRATE CUDDALORE [FOR INFORMATION]
3 THE INSPECTOR OF POLICE CHIDAMBARAM TOWN POLICE STATION, CHIDAMBARAM, CUDDALORE DISTRICT.
4 THE SUPERINTENDENT, CENTRAL JAIL, CUDDALORE 5 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
+1 CC to M/S.OM SAI RAM Advocate on payment of necessary charges SR.NO.8797 CRL OP.11646/2022 Date :10/06/2022 JPA 13/06/2022