Madras High CourtCRL OP/12021/2021granted

Kannathasan v. State Rep.By

2021-07-13Honourable Mr Justice M.Dhandapani3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 13.07.2021

CORAM:

THE HON'BLE MR.JUSTICE M.DHANDAPANI Crl.O.P.No.12021 of 2021

1. Kannathasan

2. Karthikeyan ... Petitioners Vs.

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

(Crime No.86 of 2021) ... Respondent PRAYER: Criminal Original petition has been filed under Section 439 of Cr.P.C, prayed to enlarge the petitioners on bail in connection with Crime No.86 of 2021 on the file of respondent police. For Petitioners : Mr.R. Sasi Kumar For Respondent : Mr.A.Gopinath Government Advocate (Crl.Side)

ORDER

The petitioners who were arrested on 05.06.2021 and remanded to judicial custody for the offences under Sections 8(c), 20 (b)(ii)(B) and 29 of N.D.P.S Act, 1985 in Crime No.86 of 2021 on the file of the respondent police, seek bail.

2. The case of the prosecution is that the petitioners were found in possession of 2.200 grams of Ganja and the same was seized by the respondent Police and registered a complaint.

3. The learned counsel for the petitioners submitted that the petitioners are no way connected with the alleged offence and he has been falsely implicated in this case and the petitioners are in jail from 05.06.2021. Therefore, he prays to grant bail to the petitioners.

4. The learned Government Advocate (Crl.Side) submitted that the petitioners were found in possession of 2.200 grams of Ganja and there was no previous case pending as against the petitioners.

7. Considering the period of incarceration suffered by the petitioners and the quantity of contraband involved in this case is not that of commercial quantity and also the present COVID-19 pandemic situation, this Court is inclined to grant bail to the petitioners subject to the following conditions: (a) the petitioners shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) before the Central Prison, Salem in which the petitioners are confined and on such execution the petitioners shall be released from prison;

(b) Within a period of four weeks after the release, the petitioners shall execute a bond for Rs.10,000/-(Rupees Ten Thousand only) with two sureties each for a like sum to the satisfaction of the Special Judge for EC/NDPS Act Court, Salem (c ) In case of any difficulty in executing the said bond along with the sureties before the concerned Magistrate within the time stipulated above, the petitioners are permitted to file appropriate petition within a period of four week therefrom before the concerned Magistrate for extension of time for executing the bond along with sureties and if any such application is filed, the concerned Magistrate shall decide on the grant of extension of time for accepting the bond and sureties in accordance with law.

Failing filing of any such application within the time prescribed above, the bail granted by this Court would stand automatically vacated. (d)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; (e)the petitioners shall report before the respondent police, daily at 10.30 a.m.

(f)the petitioners shall not tamper with evidence or witness either during investigation or trial;

(g)the petitioners shall not abscond either during investigation or trial;

(h)on breach of any of the aforesaid conditions, the learned Magistrate/ Trial Court is entitled to take appropriate action against the petitioners in accordance with law as if the conditions have been imposed and the petitioners 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]; and;

(i)if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.

-sd/- 13/07/2021 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 COURT, SALEM.

2 THE SUPERINTENDENT, CENTRAL PRISON, SALEM.

3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

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

CC to M/S. R.SASIKUMAR Advocate on payment of necessary charges CRL OP.12021/2021 Date :13/07/2021 cs 14/07/2021