Ranjith v. Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 14.10.2022

CORAM

THE HON'BLE MR. JUSTICE A.D.JAGADISH CHANDIRA Ranjith ... Petitioner Vs.

The State represented by Inspector of Police, Thuraipakkam Police Station, Chennai - 600 097.

(Crime No.246 of 2022) ... Respondent PRAYER: Criminal Original Petition filed under Section 439 of Cr.P.C., pleased to enlarge the petitioner on bail, concerned in Crime No.246 of 2022, on the file of the respondent police.

For Petitioner : Mr.N.Senthil Kumar For Respondent : Mr.C.E.Pratap, Government Advocate (crl.side) 1/6

O R D E R

The petitioner, who was arrested and remanded to judicial custody on 26.07.2022 for the offences punishable under Sections 8(c), 20(b)(ii)(C) of NDPS Act 1985, in Crime No.246 of 2022 on the file of respondent police, seeks bail.

2. The case of the prosecution is that on secret information, the respondent police conducted raid near a bridge at Elongo Nagar and found the accused and four others standing suspicious. Thereafter, when the police made a search, the petitioner was found in possession of 2.700 kgs of Ganja and other accused namely Surya was found in possession of 10 kgs and accused Bharath found in possession of 5.500 kgs and accused Vignesh was found in possession of 2.400 kgs of Ganja. Hence, the case.

3. The learned counsel for the petitioner would submit that the petitioner is a motherless child and he is a student, studying B.C.A. Cloud & Information Security in Vels Institute of Science and Technology and he has been brought up by his grand mother. He would further submit that the petitioner is an innocent person and he has no connection with the other accused. Hence, he seeks to enlarge the petitioner on bail. 2/6

4. The learned Government Advocate (crl.side) appearing for the respondent would submit that on secret information, the respondent police conducted raid and the petitioner was found in possession of 2.700 kgs of Ganja and other accused namely Surya was found in possession of 10 kgs and accused Bharath found in possession of 5.500 kgs and accused Vignesh was found in possession of 2.400 kgs of Ganja. Hence, he vehemently opposed to grant bail to the petitioner.

5.Heard the learned counsel for the both sides and perused the materials placed on record.

6.Taking into consideration the facts and circumstances and also the submissions made by the learned counsel, this Court is inclined to grant bail to the petitioner.

7. Accordingly, the petitioner is ordered to be released on bail on executing a bond for a sum of Rs.25,000/- (Rupees Twenty Five thousand only) with two sureties, (one among the surety shall be the father of the 3/6

petitioner) , each for a like sum to the satisfaction of the Learned Judicial Magistrate No.II, Alandur, Chennai - 16 and on further conditions that: [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 petitioner shall report before the respondent police every day at 10.30 a.m., until further orders;

[c] the petitioner shall not abscond either during investigation or trial;

[d] the petitioner shall not tamper with evidence or witness either during investigation or trial; [e] 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 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];

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[f] If the accused thereafter abscond, a fresh FIR can be registered under Section 229A IPC.

14.10.2022 gd/anu To

1. The Judicial Magistrate No.II, Alandur, Chennai - 16.

2. Inspector of Police, Thuraipakkam Police Station, Chennai - 600 097.

3.The Central Prison, Puzhal.

4. The Public Prosecutor, High Court of Madras.

A.D.JAGADISH CHANDIRA,J.

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gd/anu Crl.O.P.No.24843 of 2022 14.10.2022 6/6