K.Vivekanandan v. State Rep By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 22.08.2022
CORAM
THE HON'BLE MR. JUSTICE G.K.ILANTHIRAIYAN K.Vivekanandan ... Petitioner Vs.
State, Rep. by Inspector of Police, Ramanathapuram Police Station, Coimbatore City.
(Crime No.337 of 2022) ... Respondent PRAYER: Criminal Original Petition is filed under Section 439 of Cr.P.C. praying to enlarge the petitioner on bail, pending investigation of the case in the Crime No.337 of 2022 on the file of the Respondent. For Petitioner : Mr.M.Saravana Kumar For Respondent : Mr.A.Gopinath Government Advocate (Crl.Side)
ORDER
The petitioner, who was arrested and remanded to judicial custody on 03.07.2022 for the offences punishable under Sections 8(C), 20(b) (ii) (B), 25 of NDPS Act 1985 in Crime No.337 of 2022 on the file of the respondent police, seeks bail.
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2. The case of the prosecution is that the petitioner was found in illegal possession of 1400 grams of Ganja. Hence, the case.
3. The learned counsel appearing for the petitioner submits that the petitioner is an innocent person and he has been falsely implicated in this case. He would further submit that the petitioner was arrested and remanded to judicial custody from 03.07.2022. Hence, he prays for grant of bail to the petitioner.
4. The learned Government Advocate (Criminal Side) would submit that the petitioner was found in possession of 1400 grams of Ganja additive candy and selling it to the general public.
5. Considering the fact that quantity of the contraband involved in this case is not a commercial quantity and also the period of incarceration of the petitioner from the date of his arrest i.e., from 03.07.2022, this Court is inclined to grant bail to the petitioner. 2/6
6. Accordingly, the petitioner shall deposit a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) as non refundable deposit to the credit of COVID-19 SALEM DISTRICT; SB.A/c No : 190601000434; IFSC code : ICIC0006119; The Personal Assistant (General) to the Collector, Collectorate, Room No.117, First Floor, Salem-636 001, Ph.No.9445008148, and on such deposit 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 learned Special Court for Essential Commodities Act of 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 deposit a sum of Rs.25,000/-(Rupees Twenty Five Thousand only) as non refundable deposit to the credit of COVID-19 SALEM DISTRICT; SB.A/c No : 190601000434; IFSC code : ICIC0006119; The Personal Assistant (General) to the Collector, Collectorate, Room No.117, First Floor, Salem-636 001, Ph.No.
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[c] the petitioner shall report before the respondent police twice daily at 10.30.a.m., and 05.30.p.m., until further orders. [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.
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To 1.The Special Court for Essential Commodities Act, Coimbatore.
2.The Inspector of Police, Ramanathapuram Police Station, Coimbatore City.
3.Central Prison, Coimbatore.
4.The Public Prosecutor, High Court of Madras 5/6
G.K.ILANTHIRAIYAN, J.
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