Dharshan v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 04.08.2022

CORAM

THE HON'BLE MR. JUSTICE G.K.ILANTHIRAIYAN Dharshan ..Petitioner/accused Vs.

State by Sub-Inspector of Police, Ariyankuppam Police Station, Puducherry crime No.74 of 2022 ..Respondent PRAYER:

Criminal Original Petition is filed under Section 439 of Cr.P.C. praying to enlarge the petitioner on bail in crime No.74 of 2022 pending investigation on the file of the respondent police. For Petitioner : Mr.S.Xavier Felix For Respondent : Mr.V.Balamurugane, Public Prosecutor(Puducherry)

ORDER

The petitioner, who was arrested and remanded to judicial custody on 04.07.2022 for the offences punishable under Sections 20(b)(ii)(B) r/w Section 8(c) of NDPS Act, 1985 r/w Section 34 of IPC 1/6

and Section 77 of Juvenile Justice (Care and Protection of Children) Act, 2015 in crime No.74 of 2022 on the file of the respondent police, seeks bail.

2.The case of the prosecution is that the petitioner was found with 196 grams of dried ganja. Hence, the case was registered against the petitioner.

3.The learned counsel appearing for the petitioner would submit that a false case has been foisted against the petitioner. On instructions, he would further submit that the petitioner is ready to donate an amount of Rs.10,000/- to the credit of the RAY OF LIGHT FOUNDATION; A/c No : 50100078904233; IFSC code : HDFC0001864; Ph No.8939065431, and prays for grant of bail to the petitioner. 4.The learned Public Prosecutor(Puducherry) would submit that the petitioner was found with 196 grams of dried ganja, which is a small quantity. However, he vehemently opposed to grant bail to the petitioner.

5. Taking into consideration the facts of the case and the submissions made by the learned counsels and also taking note of the fact that the petitioner has come forward to donate an amount of 2/6

Rs.10,000/- to the credit of the RAY OF LIGHT FOUNDATION; A/c No : 50100078904233; IFSC code : HDFC0001864; Ph No.8939065431, this Court is inclined to grant bail to the petitioner. Accordingly, the petitioner shall donate a sum of Rs.10,000/-(Rupees Ten Thousand only), to the credit of the RAY OF LIGHT FOUNDATION; A/c No : 50100078904233; IFSC code : HDFC0001864; Ph No.8939065431 and on such donation, 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 blood related sureties, each for a like sum to the satisfaction of the learned Principal District and Sessions Judge at 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. [b] the petitioner shall donate a sum of Rs.10,000/-(Rupees Ten Thousand only), to the credit of the RAY OF LIGHT FOUNDATION; A/c No : 50100078904233; IFSC code : HDFC0001864; Ph No.8939065431, and that the receipt of such donation shall be produced before the concerned Magistrate at the time of executing the bond; [c] the petitioner shall report before the respondent police daily at 10.30 a.m. and 05.30 p.m.

for a period of four weeks and thereafter report before the respondent police as and when required for interrogation.

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[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.

04.08.2022 lok 4/6

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G.K.ILANTHIRAIYAN, J.

lok To 1.The learned Principal District and Sessions Judge at Puducherry 2.Sub-Inspector of Police, Ariyankuppam Police Station, Puducherry 3.Central Prison, Kalapet, Puducherry 4.The Public Prosecutor, Puducherry Crl.O.P.No.18175 of 2022 04.08.2022 6/6