Tamilarasan v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :04.07.2023

CORAM

THE HON'BLE MR. JUSTICE G.CHANDRASEKHARAN Tamilarasan @ Gokul ..Petitioner Vs.

The Inspector of Police, T-10, Thirumullaivoyal Police Station, Chennai.

Crime No.217 of 2023 ...Respondent. PRAYER:

Criminal Original Petition is filed under Section 439 of Cr.P.C. praying to enlarge the petitioner/A2 on bail in Crime No.217 of 2023 on the file of the Respondent Police herein.

For Petitioner : Mr.M.Ravindhar For Respondent : Mr.Leonard Arul Joseph Selvam Government Advocate (Crl.side) 1/6

ORDER

The petitioner, who was arrested and remanded to judicial custody on 08.05.2023 for the offences punishable under Sections 8(c) read with Section 20(b)(ii) B of NDPS Act in Crime No.217 of 2023 on the file of the respondent police, seeks bail.

2. The learned counsel for the petitioner submitted that, petitioner was charged with illegal possession of ganja weighing 1.100 grams. 1st accused in this case was released on bail. Petitioner is in Judicial Custody from 08.05.2023. Hence, he prays for grant of bail to the petitioner.

3. In response, the learned Government Advocate (Crl. Side) submitted that, though petitioner has six previous cases, those case does not relates to NDPS case.

4. Considering the fact that the petitioner is in Judicial Custody from 08.05.2023 and first accused in this case was released on bail, substantial part of the investigation might have been completed by this 2/6

time, this Court is inclined to grant bail to the petitioner.

4. Accordingly, the petitioner is ordered to be released on bail on his executing a bond for a sum of Rs.25,000/- (Rupees Twenty Five thousand only) with two sureties, each for a like sum to the satisfaction of the Judicial Magistrate at Ambattur, Chennai 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 appear before respondent police daily 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, 3/6

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 absconds, a fresh FIR can be registered under Section 229A IPC. 04.07.2023 Sma To 4/6

1. Judicial Magistrate at Ambattur, Chennai 2.The Inspector of Police, T-10, Thirumullaivoyal Police Station, Chennai.

3.Central Prison, Puzhal, Chennai.

4.The Public Prosecutor, High Court of Madras G.CHANDRASEKHARAN. J.

5/6

Sma Crl.O.P.No.14728 of 2023 04.07.2023 6/6