Sara @ Sarathkumar v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 12.01.2022

CORAM:

THE HON'BLE MRS.JUSTICE T.V.THAMILSELVI Crl.O.P.No.25886 of 2021 Sara @ Sarathkumar ... Petitioner Vs.

State Rep. by The Inspector of Police, N4 Fishing Harbour Police Station, Chennai.

(Crime No.949 of 2021)

...Respondent

PRAYER: Criminal Original Petition has been filed under Section 438 of Cr.P.C., praying to enlarge the petitioner on bail in the event of his arrest at the hands of the respondent pending investigation in Crime No.949 of 2021 on the file of the respondent Police. For Petitioner : M/s.M.Nagaraj For Respondent : Mr.A.Gokulakrishnan Additional Public Prosecutor

ORDER

The petitioner, who apprehends arrest for the alleged offences under Sections 8(c), 20(b) (ii) (B) of Narcotic Drugs & Psychotropic Substance Act, 1985 in Cr.No.949 of 2021 on the file of the respondent police, seeks anticipatory bail.

2.The case of the prosecution is that on receipt of secret information, the respondent police proceeded to the concerned spot along with measuring instrument. The respondent police found that three persons sold Ganja. The respondent seized the same and weighted the quantity and they found 1.3 kilograms of Ganja. Thereafter, A1 was arrested, the petitioner and A3 ran way from the spot. Hence, the complaint.

3.The learned counsel appearing for the petitioner submits that the petitioner has not committed any such offenses as alleged by the prosecution and he has been falsely implicated in this case. However,

on instructions, the learned counsel further submits that the petitioner, on his own volition, is ready and willing to contribute a sum of Rs.10,000/- (Rupees Ten Thousand Only) to any charitable purpose as may be directed by this Court and he prays for grant of anticipatory bail to the petitioner.

4.The learned Additional Public Prosecutor submits that the petitioner is having ten previous cases. He further submits that the quantum of Ganja is 1.3 kgs. Therefore, he vehemently opposed to grant anticipatory bail to the petitioner.

5. Considering the facts and circumstances of the case and also considering the submissions made by both counsel, and also the fact that the petitioner has wilfully and on his own volition agreed to contribute a sum of Rs.10,000/- for charitable purpose, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.

6. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, within a period of fifteen (15) days after lifting of lockdown or the commencement of the Court's normal functioning whichever is earlier, before the learned learned Metropolitan Magistrate -XVI, George Town, Chennai, on condition that the petitioner shall 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 respondent police or the police officer who intends to arrest or to the satisfaction of the learned Magistrate concerned and on further conditions that: [a] the petitioner is directed to deposit a sum of Rs.10,000/- (Rupees Ten thousand only) to the Registered Advocate Clerk's Association, Chennai District within a period of fifteen (15) days after lifting of lockdown or the commencement of the Court's normal functioning whichever is earlier and shall produce the said receipt before the Court below;

[b] the petitioner and the sureties shall affix their photographs and left thumb impression in the surety bond and the Court concerned may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity;

[c] the petitioner shall report before the respondent police on daily at 5.00 p.m. for a period of four weeks and thereafter as and when required for interrogation;

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

[e] the petitioner 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 petitioner in accordance with law as if the conditions has been imposed and the petitioner is 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/- 12/01/2022 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.XVI, GEORGE TOWN, CHENNAI.

2 THE CHIEF METROPOLITAN MAGISTRATE, EGMORE, CHENNAI. [FOR INFORMATION] 3 THE INSPECTOR OF POLICE, N4 FISHING HARBOUR POLICE STATION, CHENNAI.

4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

5 THE REGISTERED ADVOCATE CLERKS ASSOCIATION, CHENNAI DISTRICT.

CC to M/S M.NAGARAJ Advocate on payment of necessary charges CRL OP.25886/2021 Date :12/01/2022 RW 24/01/2022