Moorthi v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 20.06.2024

CORAM

THE HON'BLE MRS.JUSTICE T.V.THAMILSELVI Crl.O.P.No.10316 of 2024 Moorthi ... Petitioner Vs.

State Rep by.

The Inspector of Police NIB - CID, Salem.

Crime No. 50 of 2023 ... Respondent PRAYER: Criminal Original Petition filed under Section 439 of Cr.P.C., pleased to grant bail to the petitioner/accused No.1 in crime No. 50 of 2023 pending on the file of the respondent police. For Petitioner : Mr.R.Radha Pandian For Respondent : Mr.V.Meganathan, B.A., B.L., Government Advocate (Crl. side) 1/5

O R D E R

The petitioner, who was arrested and remanded to judicial custody on 24.10.2023 for the alleged offences punishable under Sections 8 (c ) r/w 20 (b)(ii)(C) 29(1) of NDPS Act, in crime No. 50 of 2023 on the file of the respondent, seeks bail.

2. The case of the prosecution is that the respondent police found the accused persons with illegal possession of 32 kilograms of Ganja. Hence, the case.

3. The learned counsel for the petitioner submits that the petitioner has been falsely implicated in this case. Hence, he prays to allow this petition.

4. On the other side, the learned Government Advocate (Crl. side) submits that 8 kgs of contraband seized from the petitioner. Hence, he raised objection to grant bail.

5. Considering the facts of the case, the contraband seized from the petitioner is intermediate quantity and also the petitioner is having no previous cases. Further, the investigation has been completed and final report also filed. Hence, this Court is inclined to grant bail to the petitioner. 2/5

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 Judicial Magistrate - II, 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 on every Tuesday and Saturday at 10.30 a.m., for a period of three months.

[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, 3/5

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.

20.06.2024 pbl 4/5

T.V.THAMILSELVI,J.

pbl To

1. The Judicial Magistrate - II, Salem

2. The Inspector of Police NIB - CID, Salem.

3. The Central Prison, Salem.

4. The Public Prosecutor, High Court of Madras.

Crl.O.P.No.10316 of 2024 20.06.2024 5/5