K.Lakshmi Narayanan v. The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 08.06.2023

CORAM

THE HON'BLE MR. JUSTICE A.D.JAGADISH CHANDIRA K.Lakshmi Narayanan ... Petitioner in Crl.O.P.No.12671 of 2023 Anandaraj ... Petitioner in Crl.O.P.No.12720 of 2023 /versus/ The State represented by The Inspector of Police, V-6 Kolathur Police Station, Chennai.

(Crime No.95 of 2023) ... Respondent in both Crl.O.Ps.

COMMON PRAYER : Criminal Original Petitions filed under Section 439 of Criminal Procedure Code, pleased to enlarge the petitioners on bail in Crime No.95 of 2023, pending on the file of the respondent Police.

In both Crl.O.Ps., For Petitioner : Mr.S.Mohanraj For Respondent : Mr.C.E.Pratap, Government Advocate (Crl.Side) 1/7

COMMON ORDER The petitioners, who were arrested and remanded to judicial custody on 10.05.2023 for the offence punishable under Sections 8(c) r/w 20(b)(ii)(c) of Narcotic Drugs and Psychotropic Substances Act, 1985, in Crime No.95 of 2023, on the file of the respondent Police, seeks bail.

2. The case of the prosecution is that on 10.05.2023, on receipt of the secret information, the respondent police had conducted a search, during which, they found that the accused were in illegal possession of 1.500 kilograms of Ganja. Hence the case.

3. Learned counsel appearing for the petitioners submitted that the petitioners (A1 & A4 respectively) are innocent persons, aged about 23 & 29 years respectively and they have been falsely implicated in this case. He further submitted that the petitioners are in custody from 10.05.2023 and they are ready to abide by any stringent conditions that may be imposed by this Court, hence, he prayed for grant of bail to the petitioners.

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4. Learned Government Advocate (Crl.Side) appearing for the respondent Police submitted that the petitioners (A1 & A4 respectively) along with two other accused were found to be in illegal possession of 1.500 kilograms of Ganja. He further submitted that investigation in this case is still pending and further submitted that one previous case registered for the offence under Section 302 IPC is pending as against A1 and in respect of the A4, there is no previous case. However, he opposed for grant of bail to the petitioners.

5. At this juncture, the learned counsel for the petitioners submitted that the petitioners, without prejudice to their defence and contention, are ready and willing to deposit an amount of Rs.15,000/- each to any welfare scheme run by the Government. Hence, he prayed for grant of bail to the petitioners.

6. Heard the learned Counsel for the petitioners and the learned Government Advocate (Crl.Side) for the respondent Police and perused the materials available on record.

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7. On considering the voluntary submission made by the learned counsel for the petitioners, the petitioners are directed to deposit a sum of Rs.15,000/- (Rupees Fifteen Thousand only) each to the credit of "Little Drops-Public Charitable Trust", without prejudice to their rights and contentions before the trial Court.

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

9. Taking into consideration the above 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 petitioners have come forward to deposit an amount of Rs.15,000/- each to the credit of "Little DropsPublic Charitable Trust", this Court is inclined to grant bail to the petitioners with certain conditions.

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10. Accordingly, the petitioners are ordered to be released on bail on condition to make a non-refundable deposit of Rs.15,000/- (Rupees Fifteen Thousand only) each directly to the credit of "Little Drops -Public Charitable Trust, Account Number : 05811010002400, IFSC Code : PUNB0058110, Punjab National Bank, Moulivakkam, Chennai", without prejudice to their rights and contentions before the trial Court and on such deposit and production of proof, the petitioners are ordered to be released on bail on their executing separate bond each for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties, each for a like sum to the satisfaction of the learned XIII Metropolitan Magistrate, Egmore, 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 petitioners shall report before the respondent Police, everyday at 10.30 a.m., until further orders;

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

[d] the petitioners 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 petitioners in accordance with law as if the conditions have been imposed and the petitioners 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. 08.06.2023 To

1. The XIII Metropolitan Magistrate, Egmore, Chennai.

2. The Inspector of Police, V-6 Kolathur Police Station, Chennai.

3. The Central Prison, Puzhal II, Chennai.

4. The Public Prosecutor, High Court, Madras.

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A.D.JAGADISH CHANDIRA,J.

ham 08.06.2023 7/7