Jayalakshmi v. 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.16932 of 2024 Jayalakshmi ... Petitioner Vs.

State Rep by.

The Inspector of Police NIB - CID, Salem.

Crime No. 50 of 2023 ... Respondent PRAYER: Criminal Original Petition filed under Section 439 of Cr.P.C., pleased to enlarge the petitioners on bail, in the case pending trial in Spl.S.C No. 29 of 2024 on the file of the Special Judge for EC/NDPS act cases, salem, in crime No. 50 of 2023 pending on the file of the respondent police. For Petitioner : Mr.R.Thamarai Selvan 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 30.10.2023 for the alleged offences punishable under Sections 8 (c ) r/w 20 (b)(ii)(C) 29(1) of NDPS Act, in crime No. 50 of 2023 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 30 kilograms of Ganja. Hence, the case.

3. The learned counsel for the petitioner submits that the petitioner has been falsely implicated in this case and also the final report has been filed in this case. Further, he stated that more than 8 months the petitioner has been languishing in jail. Hence, he prays to allow this petition.

4. On the other side, the learned Government Advocate (Crl. side) submits that 30 kgs of contraband seized from the petitioner. Hence, he raised objection to grant bail.

5. Considering the facts of the case, the petitioner has been in jail for more than 8 months and also the investigation has been completed and 2/5

final report also taken on file Spl. SC. No. 29 of 2024. 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 Judicial Magistrate No.I, Salem, 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 on daily at 10.00 a.m., for a period of three months. Further, the petitioner is directed to deposit a sum of Rs.25,000/- to the credit of Akshaya Trust, HDFC Bank, Royapettah Branch, SB A/c.No.50100229455060.

IFSC Code No.HDFC0003631 3/5

[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 Judicial Magistrate No.I, Salem

2. The Inspector of Police NIB - CID, Salem.

3. The Women's Sub jail, Salem.

4. The Public Prosecutor, High Court of Madras.

Crl.O.P.No.16932 of 2024 18.07.2024 5/5