Dinesh Kumar @ Dinesh v. The State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 11.06.2024

CORAM

THE HON'BLE MRS.JUSTICE T.V.THAMILSELVI Crl.O.P.No.13591 of 2024 Dinesh Kumar @ Dinesh ... Petitioner Vs.

State Rep by.

The Inspector of Police, T-9, Maraimalai Nagar Police Station, Chengalpet.

Crime No. 245 of 2024.

... Respondent PRAYER: Criminal Original Petition filed under Section 439 of Cr.P.C., pleased to grant bail to the petitioner in crime No. 245 of 2024 pending investigation on the file of the respondent police. For Petitioner : Mr. M.Jaikumar For Respondent : Mr.Meganathan Government Advocate (Crl. side) 1/5

O R D E R

The petitioner, who was arrested and remanded to judicial custody on 29.04.2024 for the alleged offences punishable under Sections 8 (c ) r/w 20(b) (ii) (B), 25 of Narcotic Drugs and Psychotropic Substances Act, 1985 in crime No. 245 of 2024 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that the accused were found to be in illegal possession of 1300 grams of Ganja. Hence the case.

3. The learned counsel for the petitioner submits that the petitioner has been falsely implicated in this case and he is an innocent person. Further, he submitted that contraband seized from the accused persons is intermediate quantity. Learned counsel prays to grant anticipatory bail to the petitioner.

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

5. Considering the period of incarceration undergone by the 2/5

petitioner and also the investigation is almost completed. Further, the petitioner availed bail in other cases. Hence, this Court is inclined to grant bail to the petitioner.

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 must be a blood surety), each for a like sum to the satisfaction of the learned Principal Special Court for EC and NDPS, 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 every Saturday at 10.30 a.m., until further order. Further, the petitioner shall deposit a sum of Rs. 10,000/- to the credit of SevalayaNo.F-2, Pushkarani Apartment, 12 AnandaRoad, Alwarpet, Chennai -600 018.Account Name : SEVALAYAA/C.No.218601000134Bank :

ICICI BankBranch : MylaporeChennai -600004IFSC Code : 3/5

ICIC0002186Cell No.9941450444 [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 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.

11.06.2024 pbl T.V.THAMILSELVI,J.

4/5

pbl To

1. The Principal Special Court for EC and NDPS, Chennai. 2.The Inspector of Police, T-9, Maraimalai Nagar Police Station, Chengalpet.

3. The Central Prison, Puzhal.

4. The Public Prosecutor, High Court of Madras.

Crl.O.P.No.13591 of 2024 11.06.2024 5/5