A.Junaid Ali v. The State Represented By, The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 07.04.2025

CORAM

THE HON'BLE MR. JUSTICE SUNDER MOHAN Crl.O.P.No.10177 of 2025 A. Junaid Ali S/o. Ali Kutty ... Petitioner/Accused-2 Vs.

The State represented byThe Inspector of Police, Karumathampatty Police Station.

Coimbatore District.

(Crime No.73 of 2025).

... Respondent PRAYER: Criminal Original Petition filed under Section 483 of BNSS, pleased to enlarge the petitioner on bail, in connection with the Crime No.73 of 2025, pending investigation on the file of the respondent Police. For Petitioner : Mr. C.D. Sugumar For Respondent : Ms. J.R. Archana Government Advocate (Crl.Side)

O R D E R

This Criminal Original Petition has been filed by the petitioner, who was arrested and remanded to judicial custody on 13.02.2025, seeking bail in Crime No.73 of 2025 registered for the offence under Sections 8(c), 20(b)(ii)(B) and 25 1/5

of NDPS Act.

2. The case of the prosecution is that based on secret information, the respondent police intercepted the vehicle Hyundai i20 Car bearing Registration No.TN20-BY-2311 and seized 6 kgs of Ganja from A1 and he was arrested; that based on his confession, on the very same day, the respondent police intercepted Maruthi Car bearing Registration No.KL31-J-7944 and seized 2 kgs from A2, the petitioner herein; and that the contraband was seized and arrested the accused.

3. The learned counsel appearing for the petitioner submitted that the allegations against the petitioner are false; that contraband has been seized; and that in any case, further custody of the petitioner is not required and prayed that the petitioner may be released on bail.

4. Learned Government Advocate (Crl.Side) appearing for the respondent police, reiterated the prosecution case and on instructions, submitted that contraband, involved in this case is intermediate quantity and the same has been seized; and that the petitioner has one previous case, in which, he is on bail;

5. Considering the aforesaid facts, nature of allegations, period of 2/5

incarceration, the fact that the petitioner is on bail in the other case, contraband involved in this case is an intermediate quantity and the same has been seized, this Court is of the view that further custody of the petitioner is not required for the purpose of investigation. Hence this Court is inclined to grant bail to the petitioner with certain conditions.

6. Accordingly, the petitioner is ordered to be released on bail on his executing a bond for a sum of Rs.15,000/- (Rupees Fifteen Thousand only) with two sureties, each for a like sum to the satisfaction of the learned Additional District Judge / Presiding Officer, Special Court for Essential Commodities Act Cases, Coimbatore District.

[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 10.30 a.m., until further orders; [c] the petitioner shall not abscond either during 3/5

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 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 269 B.N.S.

07.04.2025 mjs To

1. The Additional District Judge / Presiding Officer, Special Court for Essential Commodities Act Cases, Coimbatore District.

2.The Inspector of Police, Karumathampatty Police Station, Coimbatore District.

3. The Superintendent of Police, Central Prison, Coimbatore District.

4. The Public Prosecutor, High Court of Madras. 4/5

SUNDER MOHAN., J.

mjs 07.04.2025 5/5