Kishore v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated :30.08.2024

CORAM

The Hon`ble Mr.Justice P.DHANABAL CRL OP.No.21210 of 2024 Kishore S/o.Ashok Kumar ... Petitioner Vs State rep. by:- The Inspector of Police, N2, Kasimedu Police Station, Chennai.

... Respondent [Cr. No.394 of 2024] For Petitioner : Mr.B.Bharath For Respondent : Mr.S.Vinoth Kumar Government Advocate (Crl.Side) PETITION FOR BAIL Under Sec.439 of Cr.P.C.

PRAYER: - The Criminal Original Petition is filed under Section 439 of the Cr.P.C. praying to grant bail to the petitioner in Crime No.394 of 2024 on the file of the respondent police.

ORDER

The petitioner/accused A2, who was arrested and remanded to 1/6

judicial custody on 16.07.2024 for the offence punishable under Sections 8(c) r/w 22(b) and 29(1) of Narcotic Drugs and Psychotropic Substances Act 1985, in Crime No.394 of 2024 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that the petitioner was arrested and remanded to judicial custody on 16.07.2024, for illegal possession of totally 120 numbers of NITRAVET-10 mg tablets about 66 grams. Hence, the case.

3. The learned counsel for the petitioner would contend that the petitioner is an innocent and a false case has been foisted against him. He would further submit that the petitioner is no way connected with the said occurrence. Hence, he seeks bail.

4. The learned Government Advocate (Crl.Side) would submit that the petitioner was arrested and remanded to judicial custody on 16.07.2024, for illegal possession of totally 120 numbers of NITRAVET10 mg tablets about 66 grams. He would submit that the quantity is 2/6

inbetween quantity and two previous cases as against the petitioner. Hence he opposed to grant bail to the petitioner. 5.

Heard both side counsels and perused the materials available on record.

6. Considering the representation made on either side and considering the fact that the quantity of material involved in the case is not a commercial quantity and the nature of offence involved in this case and also considering previous cases as against the petitioner is not of similar kind of offence and considering the period of incarceration undergone by the petitioner, I am inclined to grant bail to the petitioner, subject to the following conditions:

[a] Accordingly, the petitioner is ordered to be released on bail on condition to execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties each for a like sum to the satisfaction of the learned XVI Metropolitan Magistrate Court, George Town, Chennai and on further conditions that:

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[b] the petitioner shall report before the NDPS Court, Chennai, on every working day, until further orders.

[c] the petitioner shall not commit any offences of similar nature. [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 Judicial 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 269 B.N.S.

30.08.2024 index: Yes/No Internet: Yes/No Speaking/Non Speaking order ssa 4/6

To 1.The XVI Metropolitan Magistrate Court, George Town, Chennai. 2.The Inspector of Police, N2, Kasimedu Police Station, Chennai.

3.The Central Prison-II, Puzhal, Chennai.

4.The Government Advocate (Crl.Side), High Court, Madras. 5/6

P.DHANABAL ,J, ssa CRL.OP.No.21210 of 2024 30.08.2024 6/6