Manikandan v. State Rep.By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 25.06.2024

CORAM

THE HON'BLE MRS.JUSTICE T.V.THAMILSELVI Crl.O.P.No.13515 of 2024 1.Manikandan

2. Narayana Sahoo @ Naren ... Petitioners Vs.

State Rep by.

The Inspector of Police, Hosur PEW Police Station, Krishnagiri District.

Crime No. 456 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. 456 of 2024 on the file of the respondent police.

For Petitioner : Mr. C.Deepak Kumar For Respondent : Mr.Meganathan Government Advocate (Crl. side) 1/5

O R D E R

The petitioner, who was arrested and remanded to judicial custody on 02.05.2024 for the alleged offences punishable under Sections 8 (c ) r/w 20(b) (ii) (B), of Narcotic Drugs and Psychotropic Substances Act, 1985 in crime No. 456 of 2024 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that the accused were found to be in illegal possession of 10.100 kgs of Ganja. Hence the case.

3. The learned counsel for the petitioners submits that the petitioner have been falsely implicated in this case. Further, he submitted that contraband seized from the accused persons is intermediate quantity. Learned counsel prays to grant bail to the petitioner.

4. On the other side, the learned Government Advocate (Crl. side) submits that the first petitioner has been detained undre Goondas Act.

5. Considering the above, the petition against the first petitioner is dismissed.

6. In respect of second petitioner, investigation is almost completed. Further, the contraband seized from the petitioner is intermediate quantity. Hence, this Court is inclined to grant bail to the second petitioner. 2/5

7. Accordingly, the second 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 No.II, Salem, 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 second petitioner shall report before the respondent police daily at 10.30 a.m., until further order. Further, the petitioner shall deposit a sum of Rs. 10,000/- to the credit of SevalayaNo.F-2, Pushkarani Apartment, 12 Ananda Road, Alwarpet, Chennai -600 018.Account Name :

SEVALAYAA/C.No.218601000134Bank :

ICICI BankBranch : MylaporeChennai -600004IFSC Code : ICIC0002186Cell No.9941450444 [c] the second petitioner shall not abscond either during investigation or trial;

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[d] the second 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.

25.06.2024 pbl T.V.THAMILSELVI,J.

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pbl To

1. The Judicial Magistrate No.II, Salem.

2.The Inspector of Police, Hosur PEW Police Station, Krishnagiri District.

3. The Central Prison, Salem.

4. The Public Prosecutor, High Court of Madras.

Crl.O.P.No.13515 of 2024 25.06.2024 5/5