Joshuva v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated :10.09.2024

CORAM

The Hon`ble Mr.Justice P.DHANABAL CRL OP.No.22288 of 2024 Joshuva S/o.Jayaraman ... Petitioner Vs State rep. by:- The Inspector of Police, PEW Pallikaranai Unit, Chennai.

... Respondent [Cr. No.242 of 2024] For Petitioner : Mr.N.Arun Kumar For Respondent : Mr.S.Vinoth Kumar Government Advocate (Crl.Side) PETITION FOR BAIL Under Sec.483 of B.N.S.S PRAYER: - The Criminal Original Petition is filed under Section 483 of the BNSS praying to grant bail to the petitioner in Crime No.242 of 2024 on the file of the respondent police.

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ORDER

The petitioner/sole accused, who was arrested and remanded to judicial custody on 02.08.2024 for the offence punishable under Section 8(c) r/w 20(b)(ii)(B), 22(b) and 25 of NDPS Act, in Crime No.242 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 02.08.2024, for illegal possession of 1.300 Kgs of Ganja and 2 grams of Methamphetamine. 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 there is no previous case of similar kind of offence as against the petitioner and he 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 02.08.2024, for illegal possession of 1.300 Kgs of Ganja and 2 grams of 2/6

Methamphetamine. 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 there is no previous case for similar kind of offence against the petitioner and taking into consideration the nature of offence and quantity of contraband materials involved in this case is not a commercial quantity and also 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 Judicial Magistrate-II, Alandur, and on further conditions that:

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

[c] the petitioner shall attend in accordance with the conditions of the bond.

[d] the petitioner shall not abscond either during investigation or trial.

[e] the petitioner shall not commit any offence similar to the offence of which he is accused, or suspected, or of the commission of which he is suspected.

[f] the petitioner 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 him from disclosing such facts to the Court or to any police officer or tamper with the evidence. 4/6

[g] 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]. [h] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 B.N.S.

10.09.2024 index: Yes/No Internet: Yes/No Speaking/Non Speaking order ssa To 1.The Judicial Magistrate - II, Alandur.

2.The Inspector of Police, PEW Pallikaranai Unit, Chennai.

3.The Central Prison, Puzhal, Chennai.

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

P.DHANABAL ,J, ssa CRL.OP.No.22288 of 2024 10.09.2024 6/6