Motta Ram v. Inspector Of Police

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.11535 of 2022 1 MOTTA RAM [ PETITIONERS / ACCUSED ] 2 OBA RAM Vs THE INSPECTOR OF POLICE [ RESPONDENT ] POLUR POLICE STATIOIN, THIRUVANNAMALAI DISTRICT.

IN CRIME NO.143/2022.

For Petitioner : M/S.N.SENTHIL KUMAR Advocate For Respondent : M/S.S.SANTHOSH, Govt. Advocate ( Crl. Side) PETITION FOR BAIL 439 Cr.P.C.

ORDER : The Court Made the following order :- The petitioners, who were arrested and remanded to judicial custody on 02.04.2022 for the offence under Sections 8(c) 20(b)(ii) (B) of NDPS Act in Crime No.143 of 2022 on the file of the respondent police, seek bail.

2. The case of the prosecution is that the accused persons were found in possession of 1 kilo and 200 grams of ganja. There are totally four accused persons in this case and the petitioners are A1 and A2.

3.Heard the learned counsel for the petitioner and the learned Government Advocate (crl side) for the respondent. 4.In the present case, the quantity involved is in between quantity. The contraband has already been seized and there are no previous cases against the petitioners and the petitioners had

already suffered incarceration for nearly 48 days. The investigation is already completed and the lab report is awaited. In view of the same, this Court is inclined to enlarge the petitioners on bail by subjecting them to stringent conditions.

6. Accordingly, the petitioners are ordered to be released on bail on each of them executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties, out of which one surety shall be a local surety, each for a like sum to the satisfaction of the learned XXIII Metropolitan Magistrate, Saidapet, Chennai-15 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 petitioners shall report before the respondent police daily at 10.30 a.m and 5.30 p.m, until further orders. [c] the petitioners shall not tamper with evidence or witness either during investigation or trial.

[d] the petitioners shall not abscond 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 petitioners in accordance with law as if the conditions have been imposed and the petitioners 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/- 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.XXIII, SAIDAPET, CHENNAI-15.

2 THE CHIEF METROPOLITAN MAGISTRATE, EGMORE, CHENNAI. [FOR INFORMATION] 3 THE SUPERINTENDENT, CENTRAL PRISON, SALEM.

4 THE INSPECTOR OF POLICE POLUR POLICE STATIOIN, THIRUVANNAMALAI DISTRICT.

5 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

+1 CC to M/S.N.SENTHIL KUMAR Advocate on payment of necessary charges SR.NO. 7390 CRL OP.11535/2022 Date :19/05/2022 RW 19/05/2022