Shameer v. The State Rep By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 03.10.2024
CORAM
THE HON'BLE MR.JUSTICE P.DHANABAL CRL OP.No.24170 of 2024 Shameer ... Petitioner / Accused-2 Vs State rep. by The Inspector of Police, NIB-CID Police Station, Chennai.
(Crime No.37 of 2024) ... Respondent PRAYER: - The Criminal Original Petition is filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, (BNSS) 2023, praying to enlarge the Petitioner on bail in Crime No.37 of 2024 on the file of the respondent police.
For Petitioner : M/s.S.Mahalakshmi For Respondent : Mr.S.Vinoth Kumar Government Advocate (Criminal Side) 1/7
ORDER
The petitioner, who was arrested and remanded to judicial custody on 21.07.2024, for the offences punishable under Sections 8(c) r/w 20(b)(ii)(C), 29(1) of NDPS Act, 1985, in Crime No.37 of 2024, on the file of the respondent seeks bail.
2.It is the case of the prosecution that the petitioner along with the other accused were found in possession of 21 kgs of ganja. Hence, the case.
3.The learned counsel for the petitioner would submit that the petitioner is innocent and he has been falsely implicated in this case. He would further submit that the petitioner has been in custody for more than 75 days. He would further submit that there is no previous case against the petitioner. He would also submit 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. 2/7
4.The learned Government Advocate (Crl. Side) would submit that the petitioner along with the other accused were found in possession of 21 kgs of ganja. He would further submit that from this petitioner 6 kgs of ganja was recovered. He would further submit that there is no previous case against the petitioner. However, he vehemently opposed to grant bail to the petitioner.
5. Heard both side learned counsel and perused the materials available on record.
6. Considering the nature of offences, the quantity of material recovered from this petitioner is not a commercial quantity, no previous case is pending against the petitioner and also taking into consideration the number of days of incarceration undergone by the petitioner, this Court is 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 II Fast Track Court, Egmore, and on further conditions that; 3/7
[b] the Petitioner shall report before the II Fast Track Court, Egmore, on all working days at 10.30 a.m., until further orders. [c] the Petitioner shall not commit any offences of similar to the offence of which he is accused, or suspected, or of the commission of which he is suspected;
[d] 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;
[e] the Petitioner shall not abscond either during investigation or trial;
[f] 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]; and [g] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 B.N.S.
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To 1.The II Fast Track Court, Egmore.
2.Central Prison - II, Chennai.
3.The Inspector of Police, NIB-CID Police Station, Chennai.
4.The Public Prosecutor, High Court, Madras.
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P.DHANABAL ,J.
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