Manikandan v. The State Rep By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
( Criminal Jurisdiction ) Monday, the Twenty Third day of May Two Thousand Twenty Two PRESENT The Hon`ble Mr Justice N. ANAND VENKATESH CRIMINAL ORIGINAL PETITION Nos.11781 & 11808 of 2022 MANIKANDAN [PETITIONER/ACCUSED IN CRL.OP.NO.11781/2022] KARTHI [PETITIONER/ACCUSED IN CRL.OP.NO.11808/2022] Vs THE STATE REP BY [RESPONDENT IN BOTH THE PETITIONS] THE INSPECTOR OF POLICE, ANNADHANAPATTY POLICE STATION, SALEM CITY, SALEM DIST.
(CRIME NO.107 OF 2022)respectively For Petitioner : M/S.S.MAYILNATHAN Advocate(IN BOTH THE PETITIONS) For Respondent : MR. S.SANTHOSH, Govt. Advocate ( Crl. Side) (IN BOTH THE PETITIONS) PETITION FOR BAIL 439 Cr.P.C.
ORDER : The Court Made the following order :- The petitioners herein, who were arrested and remanded to judicial custody on 15.03.2022 for the alleged offence under Section 8(c) read with 20(b)(ii)(B) of NDPS Act in Crime No.107 of 2022 on the file of the respondent police, seek bail.
2. The case of the prosecution is that the petitioners were found in possession of 1150 Grams of ganja.
3. Heard the learned counsel for the petitioners and the learned Government Advocate (Crl.Side) for the respondent.
4. Taking into consideration the facts and circumstances of the case and also of the fact that the contraband have already been seized by the respondent police and the petitioners have already suffered incarceration for nearly 69 days and there are no previous case against the petitioners and the quantity involved falls within "In between quantity", this Court is inclined to enlarge the petitioners on bail subject to certain conditions.
5. Accordingly, the petitioners are ordered to be released on bail on their executing a bond for a sum of Rs.5000/- (Rupees Five Thousand only) each, with two sureties, out of which one surety shall be a local surety, each for a like sum to the satisfaction of the learned Special Judge for EC/NDPS Act Cases, 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 petitioners shall report before the respondent police on every Monday at 10.30 a.m for a period of eight weeks and thereafter as and when required for interrogation. [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/- 23/05/2022 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 SPECIAL JUDGE FOR EC/NDPS ACT CASES, SALEM 2 THE OFFICER INCHARGE, SUB JAIL, ATTUR
3 THE INSPECTOR OF POLICE, ANNADHANAPATTY POLICE STATION, SALEM CITY, SALEM DISTRICT.
4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
CC to M/S.S.MAYILNATHAN Advocate on payment of necessary charges CRL OP.Nos.11781 & 11808 of 2022 Date :23/05/2022 RVR 24/05/2022