S.Ranjeet Guar v. State Represented By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 04.07.2024

CORAM

THE HON'BLE MRS.JUSTICE T.V.THAMILSELVI Crl.O.P.No.13706 of 2024 S.Ranjeet Guar ... Petitioner Vs.

State Rep by.

The Inspector of Police P-4 Basin BridgePolice Station, Chennai. Crime No. 204 of 2024 ... Respondent PRAYER: Criminal Original Petition filed under Section 439 of Cr.P.C., pleased to enlarge the petitioner on bail pending in crime No. 204 of 2024 on the file of the respondent police.

For Petitioner : Mr.E.Anandababu For Respondent : Mr.V.Meganathan, B.A., B.L., Government Advocate (Crl. side)

O R D E R

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The petitioner, who was arrested and remanded to judicial custody on 16.04.2024 for the alleged offences punishable under Sections 8 (c ) r/w 20(b)(ii)(A), 22(b) of NDPS Act, in crime No. 204 of 2024 on the file of the respondent, seeks bail.

2. The case of the prosecution is that the respondent police found the accused persons with illegal possession of 96 grams of Ganja and 75 Nitravit Tablets. Hence, the case.

3. The learned counsel for the petitioner submits that the petitioner has been falsely implicated in this case and also contraband was not seized from the petitioner. Hence, he prays to allow this petition.

4. On the other side, the learned Government Advocate (Crl. side) submits that 96 grams of Ganja and 75 Nitravit Tablets seized from the petitioner and also having one previous case. He raised objection to grant bail.

5. Considering the facts that the, contraband was not seized from the petitioner and also investigation is almost completed. Hence, this Court is inclined to grant bail to the petitioner.

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6. Accordingly, 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 ( one blood surety and one local surety), each for a like sum to the satisfaction of the learned XV Metropolitan Magistrate, George Town court, 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 report before the respondent police on alternative days at 10.30 a.m., for a period of six months. Further, the petitioner shall deposit a sum of Rs.10,000/- to the credit of registered Advocate clerk's Welfare Association, Chennai.

[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.

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T.V.THAMILSELVI,J.

pbl To

1. The XV Metropolitan Magistrate, George Town court, Chennai.

2. The Inspector of Police P-4 Basin BridgePolice Station, Chennai.

3. The Central Prison, Puzhal.

4. The Public Prosecutor, High Court of Madras.

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