Balaramjena v. The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :05.07.2023

CORAM

THE HON'BLE MR. JUSTICE G.CHANDRASEKHARAN Balaramjena ..Petitioner Vs.

The State Rep by The Inspector of Police, PEW - Tiruppur Police Station, Tiruppur District.

Crime No.500 of 2023 ...Respondent. PRAYER:

Criminal Original Petition is filed under Section 439 of Cr.P.C. praying to release the petitioner on bail arrested for the alleged offences in Crime No.500 of 2023 on the file of the respondent. For Petitioner : Mr.B.Aravinthan 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 06.05.2023 for the offences punishable under Sections 8(c), 20(b)(ii)(B) of NDPS Act in Crime No.500 of 2023 on the file of the respondent police seeks bail.

2. The learned counsel for the petitioner submitted that, petitioner is innocent, but he is in Judicial Custody from 06.05.2023. Thus, he seeks for bail.

3. In response, the learned Government Advocate (Crl. Side) submitted that, petitioner was found in possession of 2 kgs of ganja on 05.05.2023 at about 22.15.p.m., Poolakkattupalayam Bus Stop. Hence, he opposed for grant of bail to the petitioner.

4. Considered the rival submissions and perused the records. The allegations against the petitioner is that, he was found in illegal possession of 2 kg of Ganja. Petitioner is in Judicial Custody from 06.05.2023 and that, material part of the investigation might have been 2/6

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

5. 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 Additional District Judge, Presiding Officer, Special Court for Essential Commodities Act Cases, Coimbatore 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 report before the respondent police daily at 10.30.a.m., until further orders.

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

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[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 absconds, a fresh FIR can be registered under Section 229A IPC. 05.07.2023 Sma 4/6

To

1. Additional District Judge, Presiding Officer, Special Court for Essential Commodities Act Cases, Coimbatore 2.The Inspector of Police, PEW - Tiruppur Police Station, Tiruppur District.

3.Central Prison, Coimbatore.

4.The Public Prosecutor, High Court of Madras 5/6

G.CHANDRASEKHARAN. J.

Sma Crl.O.P.No.14855 of 2023 05.07.2023 6/6