Jagadeesh v. The State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 18.07.2024

CORAM

THE HON'BLE MRS.JUSTICE T.V.THAMILSELVI Crl.O.P.No.16926 of 2024 Jagadeesh ... Petitioner Vs.

State Rep by.

The Inspector of Police H-6, R.K. Nagar Police Station, Chennai.

Crime No. 480 of 2024 ... Respondent PRAYER: Criminal Original Petition filed under Section 439 of Cr.P.C., pleased to enlarge him on bail pending investigation of the case in the crime No. 480 of 2024 on the file of the respondent police, (H-6 R.K. Nagar Police station).

For Petitioner : Mr.M.Illiyas For Respondent : Mr.V.Meganathan, B.A., B.L., Government Advocate (Crl. side) 1/5

O R D E R

The petitioner, who was arrested and remanded to judicial custody on 20.05.2024 for the alleged offences punishable under Sections 8 (c ) r/w 22(b) 25, 29(1) of NDPS Act and u/s 353, 506(i) IPC in crime No. 480 of 2024 on the file of the respondent, seeks bail.

2. The case of the prosecution is that the respondent police found the accused persons with illegal possession of 60 No's of Nitravet - 10 tablets. Hence, the case.

3. The learned counsel for the petitioner submits that the petitioner has been falsely implicated in this case and also alleged contraband seized from the petitioner is intermediate quantity. Hence, he prays to allow this petition.

4. On the other side, the learned Government Advocate (Crl. side) submits that the investigation is almost completed. However, he raised objection to grant bail.

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5. Considering the facts of the case, the contraband seized from the petitioner is intermediate quantity and also the investigation is almost completed. Hence, this Court is inclined to grant bail to the petitioner.

6. Accordingly, 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 ( one must be a blood surety), each for a like sum to the satisfaction of the learned XV M.M, G.T, 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 report before the respondent police daily at 10.00 a.m., for a period of three months. Further, the petitioner shall deposit a sum of Rs.10,000/- to the credit of The Principal Govt Yoga and Naturopathy Medical 3/5

College,A/c.No.30143474408IFSC Code :

SBIN0002196 MICR No.600002005 [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.

18.07.2024 pbl 4/5

T.V.THAMILSELVI,J.

pbl To

1. The XV M.M, G.T, Chennai.

2. The Inspector of Police H-6, R.K. Nagar Police Station, Chennai.

3. The Central Prison, Puzhal.

4. The Public Prosecutor, High Court of Madras.

Crl.O.P.No.16926 of 2024 18.07.2024 5/5