Shanthi v. Home, Prohibition And Excise Department

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 19.06.2024

CORAM

THE HON'BLE MRS.JUSTICE T.V.THAMILSELVI Crl.O.P.No.13467 of 2024 Shanthi ... Petitioner Vs.

State Rep by.

The Inspector of Police B3 Fort Police Station, Chennai.

Crime No. 45 of 2023 ... Respondent PRAYER: Criminal Original Petition filed under Section 439 of Cr.P.C., pleased to enlarge the petitioner/Accused A1 on bail in CC No. 49 of 2024 on the file of the learned Principal Special Judge under EC & NDPS Act at Chennai in B3 Fort Police Station in crime No. 45 of 2023. For Petitioner : Mr.D.Shanmugam For Respondent : Mr.V.Meganathan, B.A., B.L., Government Advocate (Crl. side) 1/5

O R D E R

The petitioner, who was arrested and remanded to judicial custody on 20.11.2023 for the alleged offences punishable under Sections 8 (c ) r/w 20 (b)(ii)(B)of NDPS Act, in crime No. 45 of 2023(CC No. 49 of 2024) on the file of the respondent, seeks bail.

2. The case of the prosecution is that the respondent police found the petitioner with illegal possession of 1.200 kilograms of Ganja. Hence, the case.

3. The learned counsel for the petitioner submits that the petitioner has been falsely implicated in this case. Hence, he prays to allow this petition.

4. On the other side, the learned Government Advocate (Crl. side) submits that the petitioner is having 2 previous cases. Hence, he raised objection to grant bail.

5. Considering the facts of the case, the contraband seized from the petitioner is intermediate quantity and also the petitioner availed with bail in other cases. Further, the investigation is almost completed. Hence, this Court is inclined to grant bail to the petitioner. 2/5

5. 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 must be a blood surety), each for a like sum to the satisfaction of the learned VII Metropolitan Magistrate, George Town, Chennai - 1, 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 daily at 10.30 a.m., until further orders;

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

[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 3/5

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.

19.06.2024 pbl 4/5

T.V.THAMILSELVI,J.

pbl To

1. The VII Metropolitan Magistrate, George Town, Chennai - 1

2. The Inspector of Police B3 Fort Police Station, Chennai.

3. The Central Prison for Women, Puzhal, Chennai.

4. The Public Prosecutor, High Court of Madras.

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