Umapathy v. State Rep.By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 21.06.2023

CORAM:

THE HON'BLE MR. JUSTICE A.D.JAGADISH CHANDIRA Umapathy ... Petitioner /versus/ State of TamilNadu rep by its:

The Inspector of Police, (L&O) T-15, Kannagi Nagar Police Station, Chennai.

(Crime No.174 of 2023) .. Respondent Prayer: Criminal Original Petitions are filed under Section 439 of Criminal Procedure Code, praying to enlarge the petitioner/2nd accused on bail pending investigation in Crime No.174 of 2023 on the file of the respondent police.

For petitioner : Mr.A.Thirumaran For Respondent : Mr.C.E.Pratap, Government Advocate (Crl.Side) 1/7

ORDER

The petitioner, who was arrested and remanded to judicial custody on 03.05.2023, in connection with Crime No.174 of 2023 registered for the offences under Sections 8(c), r/w 20(b)(ii)(B) and 29(1) of NDPS Act, 1985 on the file of the respondent Police, seeks bail.

2. The case of the prosecution is that when the respondent police were on regular patrol, they found that the petitioner along with other accused persons was found to be in possession of 1.200 kgs of ganja. Hence the case.

3.Learned counsel appearing for the petitioner submitted that the petitioner is an innocent person and he has not committed any such offence as alleged by the prosecution and he has been falsely implicated in this case. He further submitted that even as per the prosecution, the contraband alleged to have been recovered from the petitioner is an intermediate quantity. He also submitted that the petitioner is in custody from 03.05.2023, hence, he prayed for grant of bail to the petitioner. 2/7

4. Learned Government Advocate (crl.side) appearing for the respondent Police submitted that the petitioner along with other accused persons was found to be in possession of 1.200 kgs of ganja. He further submitted that the petitioner has got seven previous cases, out of which, one was similar in nature. He would further submitted that the seized contraband from the petitioner is an intermediate quantity. However, he opposed for grant of bail to the petitioner.

5. At this juncture, the learned counsel for the petitioner submitted that the petitioner, without prejudice to his defence and contention, is ready and willing to deposit an amount of Rs.25,000/- to any welfare scheme run by the Government. He further stated that the petitioner is also ready to abide by any other stringent conditions that may be imposed by this Court. Hence, he prays for grant of bail to the petitioner.

6.Heard the learned Counsel for the petitioner and the learned Government Advocate (crl.side) and perused the materials available on record.

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7. On considering the voluntary submission made by the learned counsel for the petitioner, the petitioner is directed to deposit a sum of Rs.25,000/- to the credit of "M/s. The Tamil Nadu Juvenile Justice Fund", without prejudice to his rights and contentions before the trial Court.

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

9. Taking into consideration the 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 petitioner has come forward to deposit an amount of Rs.25,000/- to the credit of "M/s. The Tamil Nadu Juvenile Justice Fund", this Court is inclined to grant bail to the petitioner with certain conditions.

10.Accordingly, the petitioner is ordered to be released on bail on condition to make a non-refundable deposit of Rs.25,000/- (Rupees 4/7

Twenty Five Thousand only) directly to the credit of "M/s. The Tamil Nadu Juvenile Justice Fund, A/C No.358001000000671, IFSC: IOBA0001288, MICR: 600020073, Indian Overseas Bank, SME Kilpauk Branch, Address: No.20, Ormes Road, Kilpauk, Kancheepuram District 10", without prejudice to his rights and contentions before the trial Court, on such deposit and production of proof, 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, (Out of which, one should be a blood related surety) each for a like sum to the satisfaction of the learned Judicial Magistrate-II, 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 report before the respondent Police everyday at 10.30 a.m., until further orders;

[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. 21.06.2023 Vv To 1.The Judicial Magistrate-II, Alandur.

2. The Inspector of Police T-15, Kannagi Nagar Police Station, Chennai 3.The Puzhal Jail, 4.The Public Prosecutor, High Court, Madras.

A.D.JAGADISH CHANDIRA,J.

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