K.Dhanashekar v. State By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 17.10.2023

CORAM

THE HON'BLE MR. JUSTICE C.V.KARTHIKEYAN Crl.O.P.No.23030 of 2023 K.Dhanashekar ... Petitioner Vs.

State by The Inspector of Police, D-2 Anna Salai Police Station, Tambaram, Chennai - 600 077 (Crime No.204 of 2023) ... Respondent PRAYER: Criminal Original Petition filed under Section 439 of Cr.P.C., pleased to enlarge this Petitioner / Accused herein on bail in Crime No.204 of 2023 on the file of the respondent / Complainant i.e. on the file of the Inspector of Police, D-2 Anna Salai Police Station . For Petitioner : Mr.S.Mohan Raj For Respondent : Mr.R.Kishore Kumar Government Advocate (Crl.Side)

ORDER

1/4

The petitioner, who was arrested and remanded to judicial custody on 27.08.2023 for the offence punishable under Sections 8(c) r/w 20(b)(ii)(B) & 25 of NDPS Act, 1985, in Crime No.204 of 2023 on the file of the respondent police, seeks bail.

2.The case of the prosecution is that the petitioner was found in illegal possession of 1.150 grams of Ganja, which is an intermediate quantity.

3.It is stated on behalf of the respondent that one of the accused is still absconding.

4.Taking into consideration the period of incarceration undergone by the petitioner and the recovery of the contraband , this Court is inclined to grant bail to the petitioner with certain conditions. 5.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 Metropolitan Magistrate No.II, Egmore and on further conditions that: [a] the sureties shall affix their photographs and 2/4

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. [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.

17.10.2023 vkr 3/4

C.V.KARTHIKEYAN, J.

vkr To

1. The Metropolitan Magistrate - II at Egmore,

2. The Inspector of Police, D-2 Anna Salai Police Station, Tambaram, Chennai - 600 077

3. The Central Prizon, Puzhal, Chennai.

4. The Public Prosecutor, High Court of Madras.

Crl.O.P.No.23030 of 2023 17.10.2023 4/4