Muralidharan v. State Rep. By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 10.05.2023

CORAM

THE HONOURABLE Mr. JUSTICE SUNDER MOHAN Crl.OP. No.10771 of 2023 Muralidharan ... Petitioner

Versus

State Rep. by Inspector of Police, NIB-CID, Vellore Police Station, Vellore District.

Crime No.17/2022 ... Respondent PRAYER: Criminal Original Petition filed under Section 439 of Cr.P.C. praying to enlarge the petitioner on bail pending trial in Spl.CC.No.85 of 2022 on the file of the Special Judge for EC/NDPS Act Cases, Salem. For Petitioner : Mr.W.Camyles Gandhi For Respondent : Mr.E.Raj Thilak Additional Public Prosecutor *****

O R D E R

The petitioner, who was arrested and remanded to judicial custody on 02.04.2022 for the offence punishable under Section 8(c) r/w 20(b)(ii)(B) of NDPS Act in Crime No.17 of 2022 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that on 02.04.2022, based on a secret information, the respondent police went for patrol with necessary equipments to find out the weight of the banned drugs and found the petitioner was in illegal possession of 18 kgs of Ganja. Hence, 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. He would also submitted that the petitioner is in custody from 02.04.2022. Hence, he seeks for grant of bail to the petitioner.

4. The learned Additional Public Prosecutor would submit that the petitioner was found in illegal possession of 18 kgs of Ganja. He would further submit that charge sheet has been filed in this case and hence, he vehemently opposed for grant of bail to the petitioner.

5. Considering the facts and circumstances of the case, the period of incarceration and that further custody of the petitioner is not required for investigation, this Court is inclined to grant bail on the following conditions:- (a) the petitioner shall execute 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 Special Judge for EC/NDPS Act cases, Salem. [b] 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.

[c] the petitioner shall report before the respondent police daily at 10.30 a.m. until further orders.

[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.

SUNDER MOHAN, J kmi

6. This Criminal Original Petition is ordered accordingly. 10.05.2023 kmi To 1.The Special Judge for EC/NDPS Act Cases, Salem.

2.Inspector of Police, Vellore Police Station, Vellore District.

3.The Superintendent, Central Prison, Salem.

4.The Public Prosecutor, High Court of Madras, Chennai Crl.O.P.No.10771 of 2023