Anirudh @ Anirudh Chaudhari v. The Inspector Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 30.04.2024
CORAM
THE HON'BLE MRS.JUSTICE T.V.THAMILSELVI Crl.O.P.No.10817 of 2024 Anirudh @ Anirudh Chaudhari ... Petitioner Vs.
State Rep by.
The Inspector of Police, K-3, Aminjikarai Police Station, Chennai.
Crime No. 45 of 2024.
... Respondent PRAYER: Criminal Original Petition filed under Section 439 of Cr.P.C., pleased to release the petitioner on bail pending investigation in the above crime No. 45 of 2024 on the file of the respondent. For Petitioner : Mr.P.Parthipan For Respondent : Mr.V. Meganathan Government Advocate (Crl. side) 1/5
O R D E R
The petitioner, who was arrested and remanded to judicial custody on 22.01.2024 for the alleged offences punishable under Sections 8 (c ) r/w 22(c), 25 of (NDPS) Act 1985 and Section 224 & 353 IPC in crime No. 45 of 2024 on the file of the respondent police, seeks bail.
2. The case of the prosecution is that the accused persons were found to be in illegal possession of cocaine. Hence the case.
3. The learned counsel for the petitioner submits that the petitioner has been falsely implicated in this case. Learned counsel prays to grant bail to the petitioner.
4. On the other side, the learned Government Advocate (Crl. side) submits that the accused person was found to be in illegal possession of 10 grams of cocaine.
5. Considering the period of incarceration undergone by the 2/5
petitioner and also the contraband seized from the petitioner is intermediate quantity and also there is no bad antecedents against the petitioner. Hence, 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 sureties ( one must be a blood surety), each for a like sum to the satisfaction of the learned Principal Special Court under EC and NDPS Act, Chennai, 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 on alternative days at 10.30 a.m., for a period of four months and thereafter as and when required for interrogation. Further, the petitioner shall deposit a sum of Rs.10,000/- to the credit of the Advocate Clerks Welfare Association, Chennai. [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 abscond, a fresh FIR can be registered under Section 229A IPC.
30.04.2024 pbl T.V.THAMILSELVI,J.
4/5
pbl To
1. The Principal Special Court under EC and NDPS Act, Chennai 2.The Inspector of Police, K-3, Aminjikarai Police Station, Chennai.
3. The Central prison, Puzhal, Chennai.
4. The Public Prosecutor, High Court of Madras.
Crl.O.P.No.10817 of 2024 30.04.2024 5/5