Karthik v. The State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 23.05.2024 CORAM :

THE HON'BLE MR. JUSTICE C.SARAVANAN Karthik .. Petitioner/Accused No.1 Vs.

State Represented by, The Inspector of Police, C-2, Elephant Gate 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.67 of 2024 on the file of the respondent police.

For Petitioner : Mr.D.Sugumar For Respondent : Mr.R.Vinothraja Government Advocate (Criminal Side)

ORDER

The petitioner arrested on 10.04.2024 and remanded to judicial custody on 11.04.2024 for the offences punishable under Sections 8(c), 20(b) (ii) (A), 22(b) and 29(1) of the NDPS Act in Crime No.67 of 2024 on the file of the respondent police, seeks bail.

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2. The case of the prosecution is that the petitioner was found in possession of 50 Grams of Ganja (Cannabis). Hence, the case was registered against the petitioner.

3. The learned counsel appearing for the petitioner would submit that a false case has been foisted against the petitioner. He would also submit that the petitioner was arrested on 10.04.2024 and remanded to judicial custody on 11.04.2024. Hence, he prays for grant of bail to the petitioner.

4. The learned Government Advocate (Criminal Side) for the respondent would submit that the petitioner/first accused was in possession of 50 Grams of Ganga (Cannabis) and the second accused was in possession of 105 Tablets of Nitravet (10 Grams) and therefore, the petitioner has been charged for the offence under Sections 8(c), 20(b) (ii) (A), 22(b) and 29(1) of the NDPS Act. Hence, he opposed to grant of bail to the petitioner.

5. Considering the above facts and the submissions of either sides, this Court is inclined to grant bail to the petitioner. 2/6

6. Accordingly, the petitioner is directed to deposit a sum of Rs.10,000/- (Rupees Ten Thousand only) to the credit of the Crime No.67 of 2024 and on such deposit, 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 VII Metropolitan Magistrate, George Town, Chennai, 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 deposit a sum of Rs.10,000/- (Rupees Ten Thousand only) to the credit of the Crime No. No.67 of 2024 and that the receipt of such payment 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. 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 3/6

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.

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To 1.The Inspector of Police, C-2, Elephant Gate Police Station, Chennai.

2.The learned VII Metropolitan Magistrate, George Town, Chennai.

3.The Central Puzhal Prison - II, Chennai.

4.The Public Prosecutor, High Court of Madras.

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C.SARAVANAN , J.

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