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Madras High CourtCRL OP/18396/2024interim bail

Dubash Shankar @ Shankar v. Union Of India,

2024-07-30Honourable Mrs.Justice T.V.Thamilselvi2 pages

Crl.O.P.No.18396 of 2024 T.V.THAMILSELVI, J.

When the matter was taken up for hearing today, the learned counsel appearing for the petitioner/ Dubash Shankar @ Shankar S/o Thirunavukarasu submits that the petitioner was arrested by the respondent on 17.07.2021 and remanded to judicial custody on 19.07.2021 for an alleged offence under section 8(c) r/w 20(b)(ii)(C), 27A, 28 and 29 of NDPS Act in C.C. No.82 of 2022 on the file of the I Addl. Special Judge for NDPS Act Cases at Chennai in NCB F.No.48/1/07/2021-NCB/MDS. He further submitted that the daughter of the petitioner namely Yamini Priya, who is aged about 14 years unfortunately committed suicide at 3:30 PM on 29.07.2024 and immediately she was taken to Stanley Hospital, where the doctors confirmed that she was died and a case was also registered in Cr.No.522 of 2024 under Section 194 of BNSS on the file of Kodungaiyur police station.

2.

The learned counsel appearing for the petitioner further submits that the final rituals of the deceased daughter of the petitioner is going to be conducted on 31.07.2024, hence he prayed to grant interim bail to the petitioner for 3 days, who is confined in Central Prison, Puzhal, Chennai, since the presence of the petitioner is necessary to fulfil his religious vow to his deceased daughter.

3.

Mr. N.P. Kumar, Special Public Prosecutor of Narcotic Control Bureau submits that the petitioner was arrested and remanded to judicial custody on 19.07.2021 for the offence under section 8(c) r/w 20(b)(ii)(C), 27A, 28 and 29 of NDPS Act in C.C. No.82 of 2022 on the file of the I Addl. Special https://www.mhc.tn.gov.in/judis

T.V.THAMILSELVI, J.

stn Judge for NDPS Act Cases at Chennai in NCB F.No.48/1/07/2021-NCB/MDS for illegal possession of 320 Kilograms of ganja. He further submits that the daughter of the petitioner/ A1 was died on 29.07.2024 by committing suicide. 4.

Considering the submissions made on both sides and taking note of the fact that the petitioner's daughter died on 29.07.2024 by committing suicide, this Court is inclined to grant interim bail to the petitioner/ Dubash Shankar @ Shankar S/o Thirunavukarasu from 10:00AM on 31.07.2024 till 01:00PM on 02.08.2024 and also directs the Superintendent of Police, Central Prison, Puzhal - I, Chennai to arrange for necessary escort to the petitioner for attending the final rituals of his daughter and also to remand back him to the jail at 1:00PM on 02.08.2024.

30.07.2024 stn Crl.O.P.No.18396 of 2024 Copy to:

1.

The Superintendent, Central Prison, Puzhal - I, Chennai.

2.

The Special Public Prosecutor, NCB, Chennai.

Issue today (30.07.2024) https://www.mhc.tn.gov.in/judis