Y.Ramesh @ Samuel v. State By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 20.12.2021
CORAM:
THE HON'BLE MRS.JUSTICE T.V.THAMILSELVI Crl.O.P.No.24435 of 2021
1. Y.Ramesh @ Samuel
2. Kavitha ... Petitioners Vs.
State by, The Inspector of Police, V-4, Rajamangalam Police Station, Chennai (Crime No.814 of 2021) ... Respondent PRAYER: Criminal Original Petition has been filed under Section 439 of Cr.P.C. praying to enlarge the petitioners on bail pending investigation in Crime No.814 of 2021 on the file of the respondent police.
For Petitioners : Mr.T.Thirisangu For Respondent : Mr.N.S.Suganthan Government Advocate (Crl. Side)
ORDER
The petitioners who were arrested and remanded to judicial custody on 14.09.2021 for the offences under Section 22(c) of Narcotic Drugs and Psychotropic Substances Ac 1985 in Crime No.814 of 2021 on the file of the respondent police seeks bail.
2. The case of the prosecution is that the petitioners were found in illegal possession of 2kgs and 300gms of Diazepam drugs. Hence, the complaint.
3. The learned Counsel for the petitioners submitted that the petitioners are innocent person and they have been falsely implicated in this case. However, on instructions, the learned counsel further
submits that the petitioners, on their own volition, are ready and willing to contribute a sum of Rs.25,000/- to any charitable Organization. He further submits that the petitioners have been suffering incarceration for more than 90 days from 14.09.2021. Hence, he seeks for grant of bail to the petitioners.
4. The learned Government Advocate (Crl. Side) submits thatthe petitioners were found in illegal possession of 2kgs and 300gms of Diazepam drugs. He further submits that each petitioners containing one previous cases. Hence, he vehemently opposed to grant bail to the petitioners.
5. Considering the facts and circumstances of the case and also considering the period of incarceration undergone by the petitioners and the petitioners have willfully and on their own volition agreed to contribute a sum of Rs.25,000/- to the credit of the Government Leprosy Rehabilitation Home, Paranur, Chengalpet without prejudice to their rights and contentions and the said amount shall be utilzed for improving the infrastructure facilities of the said home and submit the report before the District Collector of Chengalpet. this Court is inclined to grant bail to the petitioners with certain conditions.
6. Accordingly, the petitioners are ordered to be released on bail on their executing bonds for a sum of Rs.10,000/-(Rupees Ten Thousand only) with two sureties, each for a like sum to the satisfaction of learned XIII Metropolitan Magistrate, Egmore, Chennai8 and on further conditions that: (a) the petitioners shall make non-refundable deposit a sum of Rs.25,000/- (Rupees Twenty Five thousand Only) by way of demand draft to the credit of the Government Leprosy Rehabilitation Home, Paranur, Chengalpet and the said amount shall be utilized for improving the infrastructure facilities of the said home, with monitoring the District Collector, within a period of two weeks from the date of receipt of copy of this order, without prejudice to their defence before the trial Court and the learned Judicial Magistrate, after perusing the challan/ receipt, shall accept the sureties furnished by the petitioners;
(b)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;
(c) the petitioners shall report before the respondent police station on every Tuesday and Saturday at 10.30 a.m. until further orders;
(d)the petitioners shall not tamper with evidence or witness either during investigation or trial; (e)the petitioners shall not abscond 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 petitioners in accordance with law as if the conditions have been imposed and the petitioners are 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]; and;
(g)if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC;
-sd/- 20/12/2021 This order, on being produced, be punctually observed and carried into execution by all concerned TRUE COPY Sub-Assistant Registrar (Statistics/C.S.) High Court, Madras - 600 104.
TO 1 THE METROPOLITAN MAGISTRATE, NO.XIII, EGMORE, CHENNAI-8 2 THE CHIEF METROPOLITAN MAGISTRATE, EGMORE, CHENNAI [FOR INFORMATION].
3 THE INSPECTOR OF POLICE, V-4, RAJAMANGALAM POLICE STATION, CHENNAI.
4 THE SUPERINTENDENT, PUZHAL PRISON, CHENNAI, 5 THE SUPERINTENDENT, 2ND PETITIONER (WOMEN)BLOCK PUZHAL PRISON, CHENNAI.
6 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
7 THE GOVERNMENT LEPROSY REHABILITATION HOME, PARANUR, CHENGALPET +2 CC to M/S.T.THIRISANGU Advocate on payment of necessary charges SR.NO.15145 CRL OP.24435/2021 Date :20/12/2021 JPA 20/12/2021