Vishwanathan @ Charles v. State Rep.By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 15.06.2023

CORAM

THE HON'BLE MR. JUSTICE A.D.JAGADISH CHANDIRA Viswanathan @ Charles S/o.Gurumurthy ... Petitioner Vs.

The State represented by, The Inspector of Police, PEW Guduvancherry Police Station.

(Crime No.124 of 2023).

... Respondent PRAYER: Criminal Original Petition filed under Section 439 of Cr.P.C., pleased to enlarge the petitioner/accused on bail, in connection with the Crime No.124 of 2023, pending investigation on the file of the respondent Police.

For Petitioner : Mr.D.Anantha Padmanabhan For Respondent : Mr.C.E.Pratap Government Advocate (Crl.Side) 1/7

O R D E R

The petitioner, who was arrested and remanded to judicial custody on 20.04.2023 for the offences under Sections 8(c) r/w 20(b)(ii)(B) of Narcotic Drugs and Psychotropic Substances Act, 1985, in Crime No.124 of 2023 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that on 20.04.2023, at about 08.00 hours, on receipt of a secret information regarding illegal transportation of Narcotic substance, the Sub-Inspector of Police along with the Police team had gone to the scene of occurrence, wherein, they found that accused was in illegal possession of 18 kilograms of Ganja. The respondent have arrested the accused and seized the contraband under the cover of seizure mahazar in the presence of witnesses and registered a case in Crime No.124 of 2023 under Sections 8(c) r/w 20(b)(ii)(B) of NDPS Act. Hence the case.

3. Learned counsel appearing for the petitioner submitted that the petitioner is an innocent person and he has been falsely implicated in this case. He further submitted that the petitioner is in custody from 20.04.2023 and he is ready to abide by any stringent conditions that may be imposed by 2/7

this Court. Therefore, he prayed for grant of bail to the petitioner.

4. The respondent Police has filed a detailed counter.

5. Learned Government Advocate (Crl.Side) appearing for the respondent Police submitted that the petitioner/accused was found to be in illegal possession of 18 kilograms of Ganja. He further submitted that one previous case of similar nature is pending as against the petitioner. Hence, he opposed for grant of bail to the petitioner.

6. 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.40,000/- to any welfare scheme run by the Government. Hence, he prayed for grant of bail to the petitioner.

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

8. On considering the voluntary submission made by the learned 3/7

counsel for the petitioner, the petitioner is directed to deposit a sum of Rs.40,000/- (Rupees Forty Thousand only) to the credit of "M/s. The Tamil Nadu Juvenile Justice Fund", without prejudice to his rights and contentions before the trial Court.

9. 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.

10. 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.40,000/- 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.

11. Accordingly, the petitioner is ordered to be released on bail on condition to make a non-refundable deposit of Rs.40,000/- (Rupees Forty Thousand only) directly to the credit of "M/s. The Tamil Nadu Juvenile 4/7

Justice Fund, A/C No.358001000000671, IFSC: IOBA0001288, MICR: 600020073, Indian Overseas Bank, SME Kilpauk Branch, Address: No.20, Ormes Road, Kilpauk, Chennai 10", without prejudice to his rights and contentions before the trial Court and 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, each for a like sum to the satisfaction of the learned Judicial Magistrate No.II, Chengalpattu, 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;

[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 5/7

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.

15.06.2023 ham To

1. The Judicial Magistrate No.II, Chengalpattu.

2. The Inspector of Police, PEW Guduvancherry Police Station.

3. The Central Prison, Puzhal, Chennai.

4. The Public Prosecutor, High Court of Madras.

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A.D.JAGADISH CHANDIRA.,J.

ham 15.06.2023 7/7