Anand @ Boxer Anand v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :18.07.2023

CORAM

THE HON'BLE MR. JUSTICE G.CHANDRASEKHARAN Anand @ Boxer Anand ..Petitioner Vs.

The State Rep by The Inspector of Police, P-2, Otteri Police Station, Otteri, Chennai -12, (Cr.No.932 of 2022) ...Respondent. PRAYER:

Criminal Original Petition is filed under Section 439 of Cr.P.C. praying to enlarge the petitioner on bail, Crime No.932 of 2022 pending investigation on the file of respondent Police. For Petitioner : Mr.G.Vignesh For Respondent : Mr.Leonard Arul Joseph Selvam Government Advocate (Crl.side)

ORDER

The petitioner, who was arrested and remanded to judicial custody on 26.04.2023 for the offences punishable under Sections 8 (c), 20 (b) (ii) (B) of NDPS Act in Crime No.932 of 2022 on the file of the 1/7

respondent police, seeks bail.

2.The learned counsel for the petitioner submitted that, petitioner is accused in Cr.No.932 of 2022 registered for the offences under Section 8 (c), 20 (b) (ii) (B) of NDPS Act. There is no recovery of contraband from him. He is falsely implicated on the basis of confession statement of co-accused. Petitioner is in judicial custody from 26.04.2023. Therefore, he prays for grant of bail to the petitioner. 3.In response, the learned Government Advocate (Criminal Side) submitted that on 29.11.2022, at about 12.00 noon, respondent Police found accused 1 and 2 with 4kgs of Ganja. Ganja has been recovered. 4.Considered the rival submissions and perused the records. 5.Considering the fact that there is no recovery made from the petitioner and that A2/Henry @ Henry Kumar had already granted bail in Crl.M.P.No.155 of 2023, and also considering that petitioner is in judicial custody from 26.04.2023 and that material part of investigation 2/7

is over, this Court is inclined to grant bail to the petitioner. 6.Accordingly, petitioner is directed to make a non-refundable deposit of Rs.10,000/- (Rupees Ten Thousand only) by way of Demand Draft/RTGS/NEFT to the credit of the Cancer Institute (WIA), East Canal Bank Road, Adyar, Chennai, and on such deposit 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 X Metropolitan Magistrate, Egmore, 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 without prejudice to his defence shall deposit a non-refundable sum of Rs.10,000/-, by way of Demand Draft to the Cancer Institute (WIA), East Canal Bank Road, Adyar, Chennai and that the receipt of such payment shall be produced before the concerned Magistrate at the time of executing the bond; It is made clear that merely, because the petitioner deposits the said amount, it 3/7

would not amount to admission of his guilt. Therefore, it is open to the trial Court to deal with the case independently.

[c] the petitioner shall report before the respondent police daily at 10.30.a.m., until further orders.

[d] the petitioner shall not abscond either during investigation or trial.

[e] the petitioner shall not tamper with evidence or witness either during investigation or trial. [f] 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]. [g] If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.

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18.07.2023 ep To 1.The X Metropolitan Magistrate, Egmore 2.The Inspector of Police, P-2, Otteri Police Station, Otteri, Chennai -12, 3.Central Prison, Puzhal 4.The Public Prosecutor, High Court of Madras 5/7

G.CHANDRASEKHARAN. J.

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