Natharsha v. Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 07.06.2023

CORAM:

THE HON'BLE MR. JUSTICE A.D.JAGADISH CHANDIRA Natharsha ... Petitioner /versus/ The State Rep by:

Inspector of Police, Krishnagiri Prohibition Enforcement Wing (PEW), Krishnagiri District.

(Crime No.344 of 2023) .. Respondent Prayer: Criminal Original Petitions are filed under Section 439 of Criminal Procedure Code, praying to enlarge the petitioner on bail in Crime No.344 of 2023 pending investigation on the file of the Inspector of Police, Krishnagiri Prohibition Enforcement Wing (PEW), Krishnagiri District.

For petitioner : Mr.C.Ganesh Pandian For Respondent : Mr.C.E.Pratap, Government Advocate (Crl.Side) 1/8

ORDER

The petitioner, who was arrested and remanded to judicial custody on 21.04.2023, in connection with Crime No.344 of 2023 registered for the offences under Sections 8(c), r/w 20(b)(ii)(B), Narcotic Drugs and Psychotropic Substances Act 1985 on the file of the respondent Police, seeks bail.

2. The case of the prosecution is that on receipt of the secret information about illegal sale of Ganja, the respondent and his team went to the Krishnagiri Toll Gate, Hosur to Krishnagiri NH Road, wherein, they found that the accused was in illegal possession of 2.800 grams of Ganja leaves. Hence the case.

3.Learned counsel appearing for the petitioner submitted that the petitioner is an innocent person and he has been falsely implicated in this case. He further submitted that even as per the prosecution, the contraband alleged to have been recovered from the petitioner is an intermediate quantity. He also submitted that the petitioner is in custody from 21.04.2023, hence, he prayed for grant of bail to the petitioner. 2/8

4. Learned Government Advocate (crl.side) appearing for the respondent Police submitted that the petitioner was found in illegal possession of 2.8 kgs of Ganja leaves. He further submitted that no previous case is pending against the petitioner. However, he opposed for grant of bail to the petitioner.

5. At this juncture, the learned counsel for the petitioner submitted that the petitioner, without prejudice to his defence and contention, is ready and willing to deposit an amount of Rs.20,000/- to any welfare scheme run by the Government. He further stated that the petitioner is also ready to abide by any other stringent conditions that may be imposed by this Court. Hence, he prays for grant of bail to the petitioner.

6.Heard the learned Counsel for the petitioner and the learned Government Advocate (crl.side) and perused the materials available on record.

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7. On considering the voluntary submission made by the learned counsel for the petitioner, the petitioner is directed to deposit a sum of Rs.20,000/- (Rupees Twenty Thousand only) to the credit of "The Dean/Medical Officer, Government Medical College and Hospital, Krishnagiri District", without prejudice to her rights and contentions before the trial Court.

8. Merely, because the petitioner has deposited the said amount, it would not amount to admission of his guilt. Therefore, it is open to the trial Court to deal with the case independently.

9. Taking into consideration the facts and circumstances of the case, the submissions made by the learned counsel on either side and also taking note of the fact that the petitioner has come forward to deposit an amount of Rs.20,000/- to the credit of "The Dean/Medical Officer, Government Medical College and Hospital, Krishnagiri District", this Court is inclined to grant bail to the petitioner with certain conditions. 4/8

10.Accordingly, the petitioner is ordered to be released on bail on condition to make a non-refundable deposit of Rs.20,000/- (Rupees Twenty Thousand only) directly to the credit of "The Dean/Medical Officer, Government Medical College and Hospital, Krishnagiri District", without prejudice to his rights and contentions before the trial Court, on such deposit and production of proof, 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, (Out of which, one should be a blood related surety) each for a like sum to the satisfaction of the learned Special Judge for EC/NDPS Act Cases, 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 petitioner shall report before the respondent Police everyday at 10.30 a.m., until further orders;

[c] the petitioner shall not abscond either during investigation or trial;

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[d] the 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. 07.06.2023 vkr To 1.The Special Judge for EC/NDPS Act Cases, Salem

2. The Inspector of Police, Krishnagiri Prohibition Enforcement Wing (PEW), Krishnagiri District.

3.The Central Prison, 6/8

Salem.

4.The Public Prosecutor, High Court, Madras.

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A.D.JAGADISH CHANDIRA,J.

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