Raji @ Rajesh v. Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 28.06.2023

CORAM:

THE HON'BLE MR. JUSTICE A.D.JAGADISH CHANDIRA Raji @ Rajesh ... Petitioner /versus/ The State rep.by The Inspector of Police, Kalapet Police Station, Puducherry District.

(Crime No.57 of 2023) .. Respondent Prayer: Criminal Original Petition is filed under Section 439 of Criminal Procedure Code, praying to enlarge the petitioner on bail in Crime No.57 of 2023 on the file of the respondent police. For petitioner : Mr.G.Mageshkumar For Respondent : Mr.K.S.Mohandass, Public Prosecutor (Puducherry)

ORDER

The petitioner, who was arrested and remanded to judicial custody on 07.06.2023, in connection with Crime No.57 of 2023 registered for the offences under Sections 294(b), 353, Section 34 of IPC 1/7

r/w 8(c), 20(b)(ii)(B) of NDPS Act and Section 25(1-A) of Arms Act on the file of the respondent Police, seeks bail.

2. The case of the prosecution is that when the respondent were on regular patrol, they found that the petitioner along with other accused was found to be in possession of 238 grams 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 and he has been falsely implicated in this case. He would further submit that even as per the prosecution, the contraband is stated to have recovered from A1 and not from this petitioner and that the petitioner is only 23 years old. He would further submit that the petitioner is under the custody from 07.06.2023. Thereby, he would seek bail to the petitioner.

4. . Learned Government Advocate (Crl.side) appearing for the respondent Police submitted that the petitioner along with other accused was found to be in possession of 238 grams of ganja. Hence, 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 2/7

contention, is ready and willing to deposit an amount of Rs.20,000/- to any charitable organization. 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.

7. On considering the voluntary submission made by the learned counsel for the petitioner, the petitioner is directed to deposit a sum of Rs.20,000/- to the credit of Cluny Home for Aged Hospice Convent, Pondicherry", 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.20,000/- to the credit of "Cluny Home for Aged Hospice 3/7

Convent, Pondicherry", 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.20,000/- (Rupees Twenty Thousand only) either through RTGS/NEFT or in cash to the credit of "Cluny Home for Aged Hospice Convent, Pondicherry", No.2, Laponte Street, Puducherry, Pondicherry MG Road, Pondicherry -605 001 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 (under NDPS Act), Puducherry 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;

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[b] the petitioner shall report before the respondent Police everyday at 6.30 p.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 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. 28.06.2023 Vv To 5/7

1. The Judicial Magistrate-II (under NDPS Act), Puducherry

2. The Inspector of Police, Kalapet Police Station, Puducherry District.

3.The Central Prison, Kalatpet, Puducherry 4.The Public Prosecutor, High Court, Madras.

A.D.JAGADISH CHANDIRA,J.

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