D.Vinoth v. The State Rep By The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 05.08.2022

CORAM

THE HON'BLE MR. JUSTICE G.K.ILANTHIRAIYAN D.Vinoth ..Petitioner Vs.

The State Represented by The Inspector of Police, H-8 Thiruvottiyur Police Station, Chennai.

(Crime No.581 of 2022) ..Respondent PRAYER:

Criminal Original Petition is filed under Section 439 of Cr.P.C. praying to enlarge the petitioner on bail in Cr.No.581 of 2022 pending before the respondent police.

For Petitioner : Mr.A.Sethuraman For Respondent : Mr.A.Damodaran, Additional Public Prosecutor

ORDER

The petitioner, who was arrested and remanded to judicial custody on 17.07.2022 for the offence under Sections 8(c) r/w 20(b) (ii) (B) NDPS Act in crime No.581 of 2022 on the file of the respondent 1/5

police, seeks bail.

2.The case of the prosecution is that the petitioner along with another accused person was found in possession 1500 grams of Ganja. Hence, this complaint.

3. The learned counsel appearing for the petitioner submitted that a false case has been foisted against the petitioner. He would also submit that the petitioner was arrested and remanded to judicial custody on 17.07.2022. Hence, he prays for grant of bail to the petitioner.

4. The learned Additional Public Prosecutor would submit that petitioner along with another accused person was found in possession 1500 grams of Ganja. Hence, he vehemently opposed to grant bail to the petitioner.

5. Considering the above facts and circumstances of the case, and also the period of incarceration of the petitioner from the date of his 2/5

arrest i.e. 17.07.2022, this Court is inclined to grant bail to the petitioner. Accordingly, the petitioner shall donate a sum of Rs.25,000/- (Rupees Twenty Five 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 Judicial Magistrate Court at Thiruvottiyur 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.25,000/- (Rupees Twenty Five Thousand only) to the credit of the RAY OF LIGHT FOUNDATION;

A/c No : 50100078904233; IFSC code :

HDFC0001864; Ph No.8939065431 and the acknowledgement for the same shall be produced before the concerned Magistrate at the time of executing the bond;

[c] the petitioner shall report before the respondent police twice daily at 10.30 a.m. and 5.30 p.m., until further orders. 3/5

[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.

05.08.2022 mpl 4/5

G.K.ILANTHIRAIYAN, J.

mpl To 1.The Judicial Magistrate Court at Thiruvottiyur. 2.The Inspector of Police, H-8 Thiruvottiyur Police Station, Chennai.

3.Central Prison Puzhal, Chennai District.

4.RAY OF LIGHT FOUNDATION , No.10, Nageswara Road, Nungambakkam, Chennai, Tamil Nadu 600034.

5.The Public Prosecutor, High Court of Madras Crl.O.P.No.18518 of 2022 05.08.2022 5/5