Manjula v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 11.07.2022

CORAM

THE HON'BLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.No.15378 of 2022 Manjula

...Petitioner

Vs.

State rep. by, The Inspector of Police, S-8 Adambakkam Police Station, (Cr.No. 125/2021)

...Respondent

PRAYER:-Criminal Original Petition is filed under Section 439 of Cr.P.C. praying to enlarge the petitioner on bail pending investigation in S-8 Adambakkam P.S. Cr.No.125 of 2021 on the file of the respondent police. For Petitioner : M/s.N.Sudharsan For Respondent : Mr.A.Damodaran, Additional Public Prosecutor

ORDER

The petitioner/A1, who was arrested and remanded to judicial custody on 07.06.2022 for the offences punishable under Sections 8(c) r/w. 20(b)(ii)(B), 25, 29(1) of NDPS Act 1985 in Crime No.125 of 2021 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that the petitioner herein was found in possession of 1.150 kgs of Ganja. Hence, the case.

3. The learned counsel appearing for the petitioner would submit that a false case has been foisted against the petitioner. He would also submit that the petitioner was arrested and remanded to judicial custody on 07.06.2022. Hence, he prays for grant of bail to the petitioner.

4. The learned Additional Public Prosecutor would submit that the petitioner was found in possession of 1.150 kgs of Ganja. He would also submit that the petitioner has four previous case pending against her.

5. Considering the fact that the quantity of the contraband is below the commercial quantity, this Court is inclined to grant bail to the petitioner. Accordingly, the petitioner shall deposit a sum of Rs.10,000/-(Rupees Ten Thousand only), by way of Demand Draft to the Cancer Institute (WIA), East Canal Bank Road, Adyar, Chennai and on such deposit the petitioner is ordered to be released on bail on her executing a bond for a sum of Rs.10,000/- (Rupees ten thousand only) with two blood related sureties, each

for a like sum to the satisfaction of the learned Judicial Magistrate, Alandur 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 deposit a sum of Rs.10,000/-(Rupees Ten Thousand only), by way of Demand Draft to the Cancer Institute (WIA), East Canal Bank Road, Adyar, Chennai and that the receipt of such payment shall be produced before the concerned Magistrate at the time of executing the bond;

[c] the petitioner shall stay at Attur and report before the Inspector of Police, Attur Police Station twice daily at 10.30 a.m. and 5.30 p.m. for a period of four weeks and thereafter report before the respondent police daily at 10.30 a.m., until further orders.

[d] the petitioner shall not abscond either during investigation or trial.

[e] the petitioner shall not tamper with evidence or witness either during investigation or trial.

[f] 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].

[g] If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.

11.07.2022 mpl To 1.The Judicial Magistrate, Alandur.

2.The The Inspector of Police, S-8 Adambakkam Police Station.

3.Central Prison for Women, Puzhal, Chennai.

4.The Public Prosecutor, High Court of Madras.

G.K.ILANTHIRAIYAN, J.

mpl Crl.O.P.No.15378 of 2022 11.07.2022