Vijai v. State Rep By Its

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 10.05.2023

CORAM

THE HON'BLE MR. JUSTICE SUNDER MOHAN Vijai ... Petitioner Vs.

State Rep. By its The Inspector of Police, A.Pallipatti Police Station, Dharmapuri District.

(Crime No.12 of 2023) ... Respondent PRAYER: Criminal Original Petition filed under Section 439 of Cr.P.C., pleased to enlarge the petitioner on bail in pending investigation in Crime No.12 of 2023 on the file of the respondent police. For Petitioner : Mr.D.Padmanabhan For Respondent : Mr. E.Raj Thilak Additional Public Prosecutor 1/6

O R D E R

The petitioner, who was arrested and remanded to judicial custody on 09.02.2023, for the offences punishable under Sections 8(c) and 20(b) (ii) (B) of Narcotic Drugs & Psychotropic Substances Act, 1985, in Crime No.12 of 2023 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that on receipt of the secret information, the respondent and his team went to the scene of occurrence, wherein, they found that the accused were in illegal possession of 2.700 Kgs of Ganja. Hence, the case.

3. The learned counsel for the petitioner would submit that the petitioner is an innocent person and he has been falsely implicated in this case. Even as per the prosecution version, the quantity of contraband alleged to have been recovered from the petitioner is only 2.700 kgs, which is an intermediate quantity. He further submitted that the petitioner has been in judicial custody from 09.02.2023 and he is ready to abide by any stringent conditions that may be imposed on him and also ready to furnish blood sureties. Hence, he prayed for grant of bail to the petitioner. 2/6

4. The learned Additional Public Prosecutor appearing for the respondent police vehemently opposed to grant bail to the petitioner stating that the petitioner was found in illegal possession of 2.700 Kgs of Ganja.

5. Heard the learned Counsel for the petitioner and the learned Additional Public Prosecutor appearing for the respondent police and perused the materials available on record including the FIR.

6. Considering the facts and circumstances of the case and the submissions made by the learned counsel on either side and also considering the period of incarceration undergone by the petitioner, this Court is inclined to grant of bail to the petitioner with certain conditions.

8. Accordingly, the petitioner is directed to deposit Rs.10,000/- (Rupees Ten Thousand only) each by way of RTGS/NEFT to the credit of "Rehoboth - Home for Mentally Challenged Homeless Women, No.22, Viswas Nagar, Koluthuvancherri, Paraniaputhur, Chennai, Punjab National Bank , Moulivakkam Branch, Account No. 05812010015060, IFSC Code : PUNB0058110 MICR Code : 600024081, without prejudice to his rights and 3/6

contentions before the trial Court, on such deposit and production of proof, the petitioner is ordered to be released on bail on his executing bonds for a sum of Rs.10,000/- (Rupees Ten Thousand Only) with two sureties, out of which, one shall be a blood relative of the petitioner, each for a like sum to the satisfaction of the learned Judicial Magistrate, Pappireddipatti 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 everyday at 10.30 a.m. until further orders;

[c] at the time of furnishing sureties, the blood related surety shall convince the learned Magistrate with regard to his/her permanent residence;

[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; 4/6

[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 abscond, a fresh FIR can be registered under Section 229A IPC. 10.05.2023 mpa/lpp To

1. The Judicial Magistrate, Pappireddipatti.

2. The Inspector of Police, A.Pallipatti Police Station, Dharmapuri District.

3. The Central Prison, Salem.

4. The Public Prosecutor, High Court of Madras.

5/6

SUNDER MOHAN ,J., mpa/lpp 10.05.2023 6/6