G.Babu 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.16418 of 2024 1.G.Babu 2.Seetha ... Petitioners Vs.

State Rep by.

The Inspector of Police H6, R.K. Nagar Police Station, Chennai.

Crime No. 495 of 2023.

... Respondent PRAYER: Criminal Original Petition filed under Section 439 of Cr.P.C., pleased to enlarge the petitioners on bail in crime No. 495 of 2023 on the file of the respondent police.

For Petitioners : Mr.R.Dineshkumar For Respondent : Mr.V.Meganathan, B.A., B.L., Government Advocate (Crl. side) 1/5

O R D E R

The petitioners, who were arrested and remanded to judicial custody on 09.08.2023 for the alleged offences punishable under Sections 8 (c ) r/w 20(b)(ii)(C), 29(1) of NDPS Act, in crime No. 495 of 2023 on the file of the respondent, seek bail.

2. The case of the prosecution is that the respondent police found the accused persons with illegal possession of 22 kgs of Ganja. Hence, the case.

3. The learned counsel for the petitioner submits that the petitioners have been falsely implicated in this case as if they possessed the contraband. Hence, he prays to allow this petition.

4. On the other side, the learned Government Advocate (Crl. side) submits that the first petitioner is having 6 previous cases and also there is no previous pending against the second petitioner. However, he raised objection to grant bail.

5. Considering the fact that the first petitioner is having 6 previous cases. Hence, this court is not inclined to grant bail to the first petitioner.

6. In respect of second petitioner, there is no previous case pending against her and also the investigation is almost completed. Hence, 2/5

this Court is inclined to grant bail to the second petitioner.

7. Accordingly, the second 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 blood surety and one local surety), each for a like sum to the satisfaction of the learned XV Metropolitan Magistrate Court, George Town, 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 second petitioner shall report before the respondent police daily at 10.30 a.m., for a period of two months;

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

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[d] the second 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 Metropolitan Magistrate Court, George Town, Chennai.

2. The Inspector of Police H6, R.K. Nagar Police Station, Chennai.

3. The Central Prison, Puzhal.

4. The Public Prosecutor, High Court of Madras.

Crl.O.P.No. 16418 of 2024 18.07.2024 5/5