Rasananda Patra v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 04.05.2023

CORAM

THE HON'BLE MR. JUSTICE G.K.ILANTHIRAIYAN Rasananda Patra ... Petitioner/ Accused Vs.

The State Rep by Inspector of Police, PEW. St. Thomas Mount Police Station, Chennai.

... Respondent/ Complainant PRAYER: Criminal Original Petition is filed under Section 439 of Cr.P.C. praying to enlarge the petitioner on bail in crime No.97 of 2023 pending investigation on the file of the respondent police. For Petitioner : Mr.S.Chandranathan For Respondent : Mr.A.Damodaran, Additional Public Prosecutor

ORDER

The petitioner, who was arrested and remanded to judicial custody on 05.04.2023 for the offences punishable under Sections 8(c) r/w 20(b)(ii)(B) of Narcotic Drugs and Psychotropic Substance Act, 1985 in Crime No.97 of 2023 on the file of the respondent police, seeks bail

2. The case of the prosecution is that the petitioner was found in possession of 2.4 Kgs of Ganja Chocolates. 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. Hence, he seeks for grant of bail to the petitioner.

4. The learned Additional Public Prosecutor would submit that on 05.04.2023, the petitioner was found in possession of 2.4 Kgs of Ganja Chocolates and the respondent police seized the same from the petitioner and registered an FIR. Hence, he vehemently opposed to grant bail to the petitioner.

5. Even according to the case of the prosecution, the petitioner was found in possession of 2.4 Kgs of Ganja and it is not a commercial quantity. Considering the facts and circumstances of the case and also the period of incarceration by the petitioner, this Court is inclined to grant bail to the petitioner.

6. Accordingly, the petitioner shall donate a sum of Rs.20,000/- (Rupees Twenty Thousand only) to the credit of "LOVERS OF TRUTH, UNITY & SERVICE", A/c. No.611901075128, IFS Code: ICIC0006119, Cell No.9600416555, by producing his Aadhar number, PAN number and address. On such donation, 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, each for a like sum to the satisfaction of the learned Judicial Magistrate - I, Alandur 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 donate a sum of Rs.20,000/-(Rupees

Twenty Thousand only), to the credit of the "LOVERS OF TRUTH, UNITY & SERVICE", A/c. No.611901075128, IFS Code: ICIC0006119 Cell No.9600416555, by producing his/her Aadhar number, PAN number and address. The receipt of such donation shall be produced before the concerned Magistrate at the time of executing the bond; [c] the petitioner shall report before the respondent police daily at 10.30 a.m. for a period of four weeks and thereafter report before the respondent police as and when required for interrogation. [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.

[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 absconds, a fresh FIR can be registered under Section 229A IPC.

04.05.2023 dsa/jv

To 1.The Judicial Magistrate - I, Alandur.

2.The Inspector of Police, PEW. St. Thomas Mount Police Station, Chennai.

3."LOVERS OF TRUTH, UNITY & SERVICE"

LOTUS Home, 855, Rohini Gardens, Periya Pudur, Salem 636 016 4.Central Prison, Puzhal 5.The Public Prosecutor, High Court of Madras

G.K.ILANTHIRAIYAN, J.

dsa/jv Crl.O.P.No.10234 of 2023 04.05.2023