Narasimma v. The State Rep By Its,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Wednesday, the First day of June Two Thousand Twenty Two PRESENT The Hon`ble Mr Justice C.V. KARTHIKEYAN CRIMINAL ORIGINAL PETITION No.11881 of 2022 NARASIMMA [ PETITIONER / ACCUSED ] Vs THE STATE REP BY ITS, [ RESPONDENT/COMPLAINANT ] THE INSPECTOR OF POLICE, KELAMANGALAM POLICE STATION, KRISHNAGIRI DISTRICT.

(CR.NO.58 OF 2022) For Petitioner : M/S.M.P.SARAVANAN Advocate For Respondent : MR.E.RAJ THILAK Additional Public Prosecutor 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 28.02.2022 for the offence under Section 8(c) r/w 20(b) (ii)(C) of NDPS Act in Crime No.58 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 22 kilograms of Ganja. Hence, the complaint.

3. The learned counsel appearing for the petitioner would submit that the petitioner has not committed any offence as alleged by the prosecution. He would further submit that the petitioner is in judicial custody from 28.02.2022. Hence, he prays to grant bail to the petitioner.

4.The learned Additional Public Prosecutor submitted that the petitioner is the fourth accused and 7 kgs of Ganja has been seized from the petitioner. He would further submit that there is no previous cases pending against the petitioner. Hence, he vehemently opposed for the grant of bail to the petitioner.

5. Considering the above facts and circumstances of the case and considering the period of incarceration by the petitioner from 28.02.2022, this Court is inclined to grant bail to the petitioner subject to the following conditions:

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, each for a like sum to the satisfaction of the learned Special Judge, EC & NDPS Court, Salem, 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 daily at 10.30a.m, until further orders.

[c] the petitioner shall not tamper with evidence or witness either during investigation or trial.

[d] the petitioner 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 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/- 01/06/2022 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 SPECIAL JUDGE, EC & NDPS COURT, SALEM.

2 THE INSPECTOR OF POLICE, KELAMANGALAM POLICE STATION, KRISHNAGIRI DISTRICT.

3 THE SUPERINTENDENT, CENTRAL PRISON,SALEM.

4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

+1CC to M.P.SARAVANAN Advocate on payment of necessary charges SR.No.8281 CRL OP.11881/2022 Date :01/06/2022 CSK 01/06/2022