Manikandan v. State Rep. By The Inspector Of Pilice,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 08.05.2025
CORAM
THE HON'BLE MRS. JUSTICE L.VICTORIA GOWRI Manikandan
...Petitioner
Vs.
The State represented by, The Inspector of Police, C1-Kattoor Police Station, Coimbatore District.
(Crime No.492 of 2021).
... Respondent PRAYER: Criminal Original Petition filed under Section 483 of B.N.S.S., pleased to enlarge the petitioner on bail, in CC.No.492 of 2021 on the file of the Additional District Judge/Presiding Officer, Special Court for Essential Commodities Act Cases, Coimbatore.
For Petitioner : Mr.W.Camyles Gandhi For Respondent : M/s.J.R.Archana Government Advocate (Crl.Side) 1/6
O R D E R
The petitioner, who is facing trial for the offences punishable under Sections 8(c) r/w 20(b)(ii)(B) and 31 of NDPS Act, 1985, in C.C.No.492 of 2021 on the file of the Additional District Judge/Presiding Officer, Special Court for Essential Commodities Act Cases, Coimbatore, seeks bail. The petitioner who was on bail did not appear before the Trial Court and NBW was issued on 22.05.2023 and the same was executed on 07.04.2025.
2.The case of the prosecution is that the petitioner was found in illegal possession of 1.400 kgs of ganja. Hence, the case. 3.The learned counsel for the petitioner would submit that due to non appearance of the petitioner before the Trial Court on 22.05.2023, NBW was issued and the petitioner was arrested on 07.04.2025. He would further submit that the petitioner is in custody from 07.04.2025. He would further submit that the petitioner, without prejudice to the defence and contention, is 2/6
ready and willing to deposit a sum of Rs.15,000/-, to any welfare scheme of the Government or any other organization. He further submits that the petitioner is ready to abide by any stringent condition that may be imposed by this court.
4.Per contra, the learned Government Advocate (Crl. Side) reiterated the prosecution case and on instruction submitted that there are previous cases pending against the petitioner.
5. Heard both sides and perused the materials available on record including the First Information Report.
6. Considering the voluntary submission made by the learned counsel for the petitioner, the petitioner is directed to deposit a sum of Rs.15,000/- (Rupees Fifteen Thousand only) as non-refundable deposit, to the credit of Aishwaryam Trust, Indian Bank, Tirunagar Branch, Madurai, Account No.6639017788, IFSC Code: IDIB000T032, without prejudice to the right of defence before the Trial Court and making it clear that it would not amount to admission of guilt. 3/6
7. Further, considering the nature of allegations, the period of incarceration undergone by the petitioner, the fact that the contraband was seized, the petitioner is on bail in the previous cases and since further custody of the petitioner is not required for the purpose of investigation, this Court is inclined to grant bail to the petitioner, subject to certain conditions.
8. 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, each for a like sum to the satisfaction of the learned Additional District Judge/Presiding Officer, Special Court for Essential Commodities Act Cases, Coimbatore, and on further conditions that: [a] the petitioner shall report before the Trial Court everyday at 10.30 a.m., until further orders. [b] the petitioner shall not commit any offences of similar nature.
[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 Judicial Magistrate/Trial Court is entitled to take 4/6
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 absconds, a fresh FIR can be registered under Section 269 of B.N.S. 08.05.2025 ata/ep Note :
1.Registry is directed to forthwith upload this order in the official website of this Court.
2.All concerned to act on this order being uploaded in official website of this Court without insisting on certified hard copies. To be noted, this order when uploaded in official website of this Court will be watermarked and will also have a QR code.
To 1.The Additional District Judge/Presiding Officer, Special Court for Essential Commodities Act Cases, Coimbatore, 2.The Inspector of Police, C1-Kattoor Police Station, Coimbatore District.
3.The Superintendent of Prison, Central Prison, Coimbatore.
4.The Public Prosecutor, High Court of Madras.
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L.VICTORIA GOWRI , J.
ata/ep 08.05.2025 6/6