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Madras High CourtCRL OP/16208/2023granted

Birakishor Palia v. State Rep By

2023-07-21Honourable Mr Justice G. Chandrasekharan6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :21.07.2023

CORAM

THE HON'BLE MR. JUSTICE G.CHANDRASEKHARAN Birakishor Palia ..Petitioner in Crl.O.P.No.16208 of 2023 Sudam Baghar ... Petitioner in Crl.O.P.No.16212 of Vs.

State Rep by its, The Inspector of Police, PEW-Hosur Police Station, Krishnagiri District.

Crime No.648 of 2023 ...Respondent in both Crl.O.P's PRAYER:

Criminal Original Petitions are filed under Section 439 of Cr.P.C. praying to enlarge the petitioners on bail in Crime No.648 of 2023 on the file of the respondent police.

For Petitioners : M/s. T.Balaji For Respondent : Mr. Leonard Arul Joseph Selvam Government Advocate (Crl. Side) 1/6

COMMON ORDER The petitioners, who were arrested and remanded to judicial custody on 08.06.2023 for the offences punishable under Sections 8(c) read with Section 20(b)(ii)(B) of NDPS Act in Crime No.648 of 2023 on the file of the respondent police seeks bail.

2. The learned counsel for the petitioners submitted that, petitioners are innocent persons and they have been falsely implicated in a case registered for the offence under Sections 8(c) read with Section 20(b)(ii)(B) of NDPS Act in Crime No.648 of 2023 Petitioners are in Judicial Custody from 08.06.2023. He further submitted that, petitioners are ready to furnish substantial sureties including blood sureties from their native place. Thus, he seeks for bail to the petitioners.

3. In response, the learned Government Advocate (Crl. Side) opposes the petition on the ground that, on 08.06.2023 at about 05.30.a.m., when the respondent police conducted a vehicle check up near Jujuwadi check post, they found that, they are possession of 8 kg and 7 kg of ganja respectively. The contraband has been recovered from 2/6

the petitioners. He further submitted that, apart from this case, there is no previous case pending against the petitioners. However, he oppose the petition on ground that, the petitioners are natives of Odisha State, if they are granted bail, they will flee from this jurisdiction by going to their native place and it is difficult to secure them for facing the trial.

4. Considering the nature of the offence and facts of the case and that the contraband had been recovered and also considering that there is no previous case pending against the petitioner and that the petitioners are in judicial custody from 08.06.2023 and that the material part of the investigation might have been over by this time, this Court is inclined to grant bail to the petitioners.

5. Accordingly, the petitioners are ordered to be released on bail on their executing separate bond for a sum of Rs.25,000/- (Rupees Twenty Five thousand only) with two sureties (out of which, one should be a blood relative from their native place, each for a like sum to the satisfaction of the learned Judicial Magistrate No.II, Salem and on further conditions that :- 3/6

[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 petitioners shall deposit a nonrefundable sum of Rs.10,000/- each, by way of Demand Draft to the Cancer Institute (WIA), East Canal Bank Road, Adyar, Chennai and that the receipt of such payment shall be produced before the concerned Magistrate at the time of executing the bond; Payment of this amount will not amount to admission of guilt of the petitioners.

[c] the petitioners shall report before the respondent police daily at 10.30.a.m., until further orders.

[d] the petitioners shall not abscond either during investigation or trial.

[e] the petitioners shall not tamper with evidence or witness either during investigation or trial. 4/6

[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 petitioners 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. 21.07.2023 Sma To

1. Judicial Magistrate No.II, Salem.

2.The Inspector of Police, PEW-Hosur Police Station, Krishnagiri District.

3.Central Prison, Salem.

4.The Public Prosecutor, High Court of Madras 5/6

G.CHANDRASEKHARAN. J.

Sma 21.07.2023 6/6