Anupkumar v. State Rep By Its,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 17.05.2023

CORAM

THE HON'BLE MR.JUSTICE A.A.NAKKIRAN 1.Anupkumar 2.Gadadhar Das ... Petitioners Vs.

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

(Crime No.100 of 2023) ... Respondent PRAYER: Criminal Original Petition filed under Section 439 of Cr.P.C., pleased to enlarge the petitioners on bail, in Crime No.100 of 2023, on the file of the respondent police.

For Petitioners : Mr.C.Deepakkumar For Respondent : Mr.N.Muthuvel Government Advocate (Crl.Side) 1/6

O R D E R

The petitioners, who were arrested and remanded to judicial custody on 07.04.2023, in connection with Crime No.100 of 2023, registered for the offence punishable under Sections 8(c) r/w. 20(b)(ii)(B) of the NDPS Act, seek bail.

2.The case of the prosecution is that the petitioner was found in illegal possession of 5.100 Kgs of Ganja Leaves and 5.350 Kgs of Ganja Choclolate. Hence, the complaint.

3.Learned counsel for the petitioners submitted that the petitioners have not committed any offence as alleged by the prosecution and they have been falsely implicated in this case. He submitted that the petitioners have been suffering incarceration for a period of 40 days. He further submitted that the respondent police have seized intermediate quantity from the petitioners. Therefore, he prays for grant of bail to the petitioners. 2/6

4.Learned Government Advocate (Crl.Side) submitted that the petitioners were found in illegal possession of 5.100 Kgs of Ganja Leaves and 5.350 Kgs of Ganja Choclolate. Hence, he vehemently opposed to grant bail to the petitioners.

5.Taking into consideration the facts and circumstances of the case and the period of incarceration undergone by the petitioners and the intermediate quantity seized from the petitioners, this Court is inclined to grant bail to the petitioners with certain conditions.

5. Accordingly, the petitioners are ordered to be released on bail on their executing a bond for a sum of Rs.10,000/- (Rupees Ten thousand only) each, with two sureties, each for a like sum to the satisfaction of the learned Principal Special Court for EC/NDPS Act, 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 petitioners shall report before the 3/6

respondent police daily at 10.30 a.m., until further orders; [c] the petitioners shall not abscond during trial; [d] the petitioners shall not tamper with evidence or witness during 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.

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To

1. The Principal Special Court for EC/NDPS Act, Chennai.

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

3. The Central Prison, Puzhal, Chennai

4. The Public Prosecutor, High Court of Madras.

A.A.NAKKIRAN,J.

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