Patlolla Venkat Reddy v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 03.11.2022

CORAM

THE HON'BLE MR. JUSTICE A.D.JAGADISH CHANDIRA Patlolla Venkat Reddy ... Petitioner Vs.

The State represented by, The Inspector of Police, H-5 New Washermenpet Police Station, Chennai.

(Crime No.155 of 2022).

... Respondent PRAYER: Criminal Original Petition filed under Section 439 of Cr.P.C., pleased to enlarge the petitioner on bail in connection with the Crime No.155 of 2022 pending investigation on the file of the respondent Police. For Petitioner : Mr.S.Silambuselvan For Respondent : Mr.C.E.Pratap Government Advocate (Crl.Side) 1/8

O R D E R

The petitioner, who was arrested and remanded to judicial custody on 10.03.2022 for the alleged offences punishable under Sections 8(C) read with Section 20(b)(ii)(B) read with Section 22(a) of NDPS Act @ under Section 8(c) read with Section 20(b)(ii)(B), 22(a) 22(c) of NDPS Act in Crime No.155 of 2022 on the file of the respondent Police, seeks bail.

2. The case of the prosecution is that on 06.03.2022, on receiving the secret information about illegal sale of Ganja, the Sub Inspector of Police along with his team conducted search, in which they found the petitioner along with the other accused were found in possession of 2 Kgs of Ganja and 760 Grams of Methamphetamine and the respondent police seized the contraband and arrested the petitioner along with the other accused. Hence, the complaint.

3. The learned counsel appearing for the petitioner would submit that the petitioner is an innocent person and he has been unnecessarily roped in this case. Even as per the case of the prosecution, the petitioner is said to 2/8

have been sent by his employer from Andhra Pradesh to receive money from A10 and further in the confession statements, it seen that the petitioner was not aware of the illegal activities of the other accused and no recovery has been made from the petitioner. He would further submit that the petitioner has been suffering incarceration from 10.03.2022 and there is no previous case pending against the petitioner and would further submit that co-accused in this case had been granted bail by this Court in Crl.O.P.No.24061 of 2022 dated 10.10.2022. Hence, he seeks for grant of bail to the petitioner.

4. The learned Government Advocate (Crl. Side) would submit that the petitioner is arrayed as A8 in this case and he is employed by A10. A10 had deputed the petitioner from Andhra Pradesh to receive money from A9. As far as the petitioner is concerned, there is no recovery from him. He would further submit that final report has been filed and has been taken on file by the learned II Additional Special Court for NDPS Act, Chennai in C.C.No.313 of 2022. However, he opposed for grant of bail to the petitioner.

5. The respondent has filed a detailed counter. 3/8

The details of recovery:

S.No Name of the accused Ganja Methamphetamine A-1/Rohit Manikandan 02Kg 05 gram A-2/Khadar Moideen 80 gram A-4/Nagoor Haniba 150 gram A-5/Kaja Nawas 65 gram A-6/Mohammed Javid 10 gram A-7/Thamim Roslan 60 gram A-8/PAtlolla Venkat Reddy No Recovery No Recovery A-9/Sheik Mohammed 390 gram Total 02 Kg 760 gram

7. Heard the learned counsel for the petitioner and the learned Government Advocate (Crl.Side) for the respondent and perused the materials available on record.

8. Taking into consideration the submission made by the learned counsels and considering that co-accused in this case had been granted bail by this Court in Crl.O.P.No.24061 of 2022 dated 10.10.2022 and also 4/8

considering that no recovery has been made from the petitioner, this Court is inclined to grant bail to the petitioner.

9. Accordingly, the petitioner is ordered to be released on bail on his executing a bond for a sum of Rs.25,000/- ( Rupees Twenty Five thousand only) with two sureties, each for a like sum to the satisfaction of the learned XV Metropolitan Magistrate, GT Court, 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 II Additional Special Court for NDPS Act, Chennai on all working days for a period of one month and thereafter on the dates fixed by the learned trial Judge. [c] the petitioner shall not abscond either during investigation or trial;

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

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To 1.The XV Metropolitan Magistrate, George Town. 2.The Inspector of Police, H-5 New Washermenpet Police Station, Chennai.

3. Central Prison, Puzhal.

4. The Public Prosecutor, High Court of Madras.

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A.D.JAGADISH CHANDIRA.,J.

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