S.K.Pramodh v. The State Rep By

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.10897 of 2024 S.K.Pramodh ... Petitioner Vs.

State Rep by.

The Inspector of Police, T-4, Madhuravoyal Police Station, Koyambedu District.

Crime No. 257 of 2024.

... Respondent PRAYER: Criminal Original Petition filed under Section 439 of Cr.P.C., pleased to order enlarge the petitioner on bail in crime No. 257 of 2024 pending on the file of the Inspector of Police, T-4, Madhuravoyal Police Station, Koyambedu District.

For Petitioner : Mr.Richardon Wilson for Wilson Associates 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 20.03.2024 for the alleged offences punishable under Sections 8 (c ) r/w 20(b) (ii) (B), 22(c ) and 29(1) of (NDPS) Act 1985 in crime No. 257 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 illegal possession of 52 grams of Methamphatamine, 1200 kgs of Ganja. Hence the case.

3. The learned counsel for the petitioner submits that the petitioner has been falsely implicated in this case. Further, he stated that the petitioner is studying B.Sc. Computer science in SRM university and the semester exam will start from 29.04.2024. Hence, the learned counsel prays to grant bail to the petitioner.

4. On the other side, the learned Government Advocate (Crl. side) submits that the accused persons were found to be illegal possession of 52 grams of Methamphatamine, 1200 kgs of Ganja and the Ganja only recovered from this petitioner.

5. On perusal of the seizure mahazar, it reveals that 1200 grams of Ganja was recovered from this petitioner. Further, there is no bad antecedents 2/5

against the petitioner and also the contraband seized from the petitioner is intermediate quantity. 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 Judicial Magistrate - II, Poonamallee, 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 Sunday 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 Arignar Anna Government Hospital of Indian MedicineA/c. 110101106507Canara BankAminjikarai, Chennai29.IFSC Code : CNRB0016021 (Siddha) 3/5

[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, 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.

pbl 4/5

To

1. The Judicial Magistrate - II, Poonamallee. 2.The Inspector of Police, T-4, Madhuravoyal Police Station, Koyambedu District.

3. The Central prison - II, Puzhal.

4. The Public Prosecutor, High Court of Madras.

Crl.O.P.No.10897 of 2024 30.04.2024 5/5