Manigandan v. The State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 03.10.2023

CORAM

THE HON'BLE MR. JUSTICE C.V.KARTHIKEYAN Crl.OP.No.22589 of 2023 Manigandan (A2)

...Petitioner

Vs.

State represented by The Inspector of Police, D1, Chengalpattu Town Police Station, (Crime No.439 of 2023) ...Respondent PRAYER: Criminal Original Petition is filed under Section 439 of Cr.P.C. praying to enlarge the petitioner on bail in pending investigation in Crime No.439 of 2023 on the file of the respondent police. For Petitioner :

Mr.D.Padmanabhan For Respondent :

Mr.R. Kishore Kumar Government Advocate (Criminal Side)

ORDER

The petitioner, who was arrested and remanded to judicial custody on 23.08.2023 for the offence punishable under Sections 8(c) and 22(b)(ii((B) of NDPS Act, in Crime No.439 of 2023 on the file of the respondent police, seeks bail.

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2. The case of the prosecution is that the petitioner along with other accused were found in illegal possession of 1.100 grams of ganja. Hence, the complaint.

3. The learned counsel for the petitioner submitted that the petitioner is an innocent person and he has been falsely implicated in this case. He further submitted that the petitioner is ready to abide by any stringent condition that may be imposed by this Court. Hence, he prays for grant of bail to the petitioner.

4. The learned Government Advocate (Crl. Side) for the respondent stated that there are totally 5 accused in this case and the petitioner is arrayed as A2. He further stated that the petitioner along with other accused were found in possession of 1.100 grams of ganja and it is an intermediate quantity. He further stated that there is no previous case pending against the petitioner. However, he vehemently opposed to grant anticipatory bail to the petitioner.

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5. Taking into consideration the facts and circumstances and also the submission made by the learned counsel for the petitioner and the period of incarceration by the petitioner from 23.08.2023, this Court is inclined to grant bail to the petitioner subject to the following conditions.

6. 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 No.I, Chengalpattu District, 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 everyday 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. 3/5

[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 absconds, a fresh FIR can be registered under Section 229A IPC.

03.10.2023 mps/ata To 1.The Judicial Magistrate No.I.

Chengalpattu District.

2.Sub-Jail, Chengalpattu District.

3.The Public Prosecutor, High Court of Madras.

C.V.KARTHIKEYAN.

J.

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mps/ata Crl.OP.No.22589 of 2023 03.10.2023 5/5