Ravi v. Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 09.06.2022

CORAM

THE HON'BLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.OP.No.12959 of 2022 Ravi ..Petitioner Vs.

State rep. by The Inspector of Police, Karumandurai Police Station, Salem District.

(Crime.No.35 of 2022) ..Respondent PRAYER: Criminal Original Petition is filed under Section 439 of Cr.P.C. praying to enlarge the petitioner on bail, pending investigation in Crime No.35 of 2022 on the file of Inspector of Police, Karumandurai Police Station, Salem District. For Petitioner : Mr.S.Parameswaran For Respondent : Mr.A.Damodaran, Additional Public Prosecutor

ORDER

The petitioner, who was arrested and remanded to judicial custody on 09.04.2022 for the offence punishable under Section 8(c) r/w 20(b) (ii)(B) of NDPS Act, Section 25 of JJ Act, in Crime No.35 of 2022 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that the petitioner along with other accused were found in possession of 2 Kgs of Ganja. Hence the complaint.

3. The learned counsel appearing for the petitioner would submit that the there are totally 4 accused in which, the petitioner is arrayed as A4. Based on the confession statements given by the first and second accused, the petitioner has been implicated in this case. The petitioner was not in possession of any contraband as alleged by the prosecution. On instructions, he would further submit that the

petitioner is ready to deposit an amount of Rs.25,000/- to the Arignar Anna Memorial Cancer Hospital & Research Institute, Kancheepuram and prays for grant of bail to the petitioner. 4.The learned Additional Public Prosecutor (Crl.Side) would submit that the accused persons were in possession of 2 Kgs of Ganja and it is also evident from the confession statements of the coaccused. Hence, he vehemently opposed for grant of bail to the petitioner.

5.Taking into consideration the quantum of the contraband is not a commercial quantity and also taking note of the fact that the petitioner has come forward to deposit an amount of Rs.25,000/- (Rupees Twenty Five Thousand only), by way of Demand Draft to the Arignar Anna Memorial Cancer Hospital & Research Institute, Kancheepuram, also taking note of the fact that the petitioner is in judicial custody from 09.04.2022, this Court is inclined to grant bail to the petitioner with certain conditions.

6. Accordingly, the petitioner shall deposit a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) by way of Demand Draft to the Arignar Anna Memorial Cancer Hospital & Research Institute, Kancheepuram and on such deposit 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 District and Sessions Judge for EC and NDPS 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 deposit a sum of Rs.

25,000/-(Rupees Twenty Five Thousand only) by way of Demand Draft to the Arignar Anna Memorial Cancer Hospital & Research Institute, Kancheepuram and that the receipt of such payment shall be produced before the concerned Magistrate at the time of executing the bond; [c] the petitioner shall report before the respondent police daily Morning at 10.30 a.m., and Evening 05.00 p.m, until further orders.

[d] the petitioner shall not abscond either during investigation or trial.

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

[f] 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]. [g] If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.

-sd/- 09/06/2022 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 DISTRICT AND SESSIONS JUDGE FOR EC AND NDPS CASES, SALEM.

2 THE SUPERINTENDENT, CENTRAL PRISON, SALEM.

3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

4 THE INSPECTOR OF POLICE KARUMANDURAI POLICE STATION, SALEM DISTRICT.

5 THE OFFICER INCHARGE, ARIGNAR ANNA MEMORIAL CANCER HOSPITAL & RESEARCH INSTITUTE, KANCHEEPURAM.

+1 CC to M/S.S.PARAMESWARAN Advocate on payment of necessary charges SR.NO. 8755 CRL OP.12959/2022 Date :09/06/2022 RW-09/06/2022