Ranjithkumar v. The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Monday, the Sixth day of June Two Thousand Twenty Two PRESENT The Hon`ble Mr Justice G.K. ILANTHIRAIYAN CRIMINAL ORIGINAL PETITION No.12673 of 2022 RANJITHKUMAR [ PETITIONER / ACCUSED ] Vs STATE REP.BY [ RESPONDENT ] THE INSPECTOR OF POLICE KRISHNAGIRI POLICE STATION, KRISHNAGIRI DISTRICT.

CR.NO.107/2022.

For Petitioner : M/S.G.MUNURAJ Advocate For Respondent : MR.A.DAMODARAN, 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 01.04.2022 for the offence under Sections 8(c) r/w 20(b)(ii)(A) of the Narcotic Drugs and Psychotropic Substances Act, 1985, in Crime No.107 of 2022 on the file of the respondent police, seeks bail. 2.The case of the prosecution is that based on the secrete information, the respondent went to the place of occurrence and they found that the petitioner and others were selling ganja in two 2 wheelers nearby Bangaluru - Krishnagiri national highway. They seized 9 Kg of Ganja in which, the petitioner was in possession of 1.5 Kg of Ganja. Hence, the case was registered against the petitioner and others.

3.The learned counsel appearing for the petitioner would submit that a false case has been foisted against the petitioner. He would also submit that the petitioner was arrested and remanded to judicial custody on 01.04.2022. Hence, he prays for grant of bail to the petitioner.

4.The learned Additional Public Prosecutor would submit that totally there are four accused in which, the petitioner is arrayed as third accused. He further submits that the petitioner was in possession of 1.5 Kg of Ganja. Hence, he vehemently opposed to grant bail to the petitioner.

5.Even according to the case of the prosecution, the petitioner was in possession of 1.5 Kg of Ganja in a two wheeler. Considering the above facts and circumstances of the case and also considering the period of incarceration, this Court is inclined to grant bail to the petitioner.

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 blood related sureties, 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 petitioner shall report before the respondent police daily twice at 10.30 a.m., and 5.30 p.m., until further orders. [c] the petitioner shall not abscond either during 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 229A IPC.

-sd/- 06/06/2022 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 FOR EC/NDPS ACT CASES, SALEM.

2 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

3 THE INSPECTOR OF POLICE KRISHNAGIRI POLICE STATION, KRISHNAGIRI DISTRICT.

4 THE SUPERINTENDENT, CENTRAL PRISON, SALEM.

+1 CC to M/S.G.MUNURAJ Advocate on payment of necessary charges SR.NO.8570 CRL OP.12673/2022 Date :06/06/2022 TA-07/06/2022