Manikandan @ Vijiba v. State Rep.By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 09.09.2024

CORAM

THE HON'BLE MR. JUSTICE P.DHANABAL

1. Manikandan @ Vijiba

2. Sathish

...Petitioners/Accused No.2 and 3

Vs.

State rep by The Inspector of Police, D2, Chengalpattu Taluk Police Station, Chengalpattu.

Crime No.433 of 2024

...Respondent/Complainant

PRAYER: Criminal Original Petition filed under Section 483 of B.N.S.S. Act, 2023, praying to enlarge the petitioners on bail in Crime No.433 of 2024 on the file of respondent police. For Petitioners : Mr.R.Parthiban For Respondent : Mr.S.Vinoth Kumar Government Advocate (Crl. Side) ***** 1/6

O R D E R

The petitioners/A2 and A3, who were arrested and remanded to judicial custody on 07.07.2024 for the offences under Sections 8(c), r/w 20(b)(ii)(B) of the NDPS Act, 1985 in Crime No.433 of 2024 on the file of the respondent police, seek bail.

2. The case of the prosecution is that the petitioners along with other accused were found in illegal possession of 2 Kg of Ganja. Hence, the case.

3. Learned counsel for the petitioners/A2 and A3 submitted that the petitioners are innocent persons, they have not committed any offence as alleged by the prosecution, and they have been falsely implicated in this case. He further submitted that the petitioners had been in custody since 07.07.2024; that they are law-abiding citizens; that they are ready to furnish substantial sureties for their due release on bail; and therefore, he prays for the grant of bail to the petitioners. 2/6

4. Learned Government Advocate (Crl.Side) for the respondent police submitted that the petitioners were found in illegal possession of 2 Kg of Ganja; and that there are two previous cases pending against each of the petitioners, which are all IPC cases. However, he vehemently opposed the grant of bail to the petitioners.

5. Heard both sides and perused the materials available on record.

6. Considering the representation made by both sides, the nature of offence, the quantity of material involved in this case is not a commercial quantity, the fact that the petitioners have no previous cases for the similar kind of offence, and also taking into consideration the period of incarceration undergone by the petitioners, this Court is inclined to grant bail to the petitioners with certain conditions:

7. Accordingly, the petitioners are ordered to be released on bail on their executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) each with two sureties, each for a like sum to the satisfaction of the 3/6

learned Judicial Magistrate No.II, Chengalpattu, and on further conditions that:

[a] the petitioners shall report before the Principal Special Court under EC and NDPS Act, Chennai - 104 on every working day at 10.30 a.m., until further orders; [b] the petitioners shall attend in accordance with the conditions of the bond;

[c] the petitioners shall not commit any offences of similar to the offence of which they are accused, or suspected, or of the commission of which they are suspected;

[d] the petitioners shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade them from disclosing such facts to the Court or to any police officer or tamper with the evidence;

[e] the petitioners shall not abscond 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 petitioners 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 4/6

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 269 of the B.N.S. 09.09.2024 dk To 1.The Judicial Magistrate No.II Chengalpattu.

2.The Superintendent of Prison Central Prison Puzhal.

3.The Inspector of Police D2, Chengalpattu Taluk Police Station Chengalpattu.

4.The Public Prosecutor High Court of Madras.

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P.DHANABAL, J.

dk 09.09.2024 6/6