Sandhiya v. Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 06.10.2023

CORAM

THE HON'BLE MR. JUSTICE C.V.KARTHIKEYAN Sandhiya D/o.Govindaraj

...Petitioner/A5

Vs.

State rep. by The Inspector of Police, Saravanampatti Police Station, Coimbatore City, Coimbatore District.

(Crime No.479 of 2023)

...Respondent

PRAYER:

Criminal Original Petition is filed under Section 439 of Cr.P.C. praying to enlarge the petitioner on bail in Crime No.479 of 2023 pending investigation on the file of the respondent police. For Petitioner : Mr.W.Camyles Gandhi For Respondent : Mr.R.Kishore Kumar Government Advocate (Criminal Side) 1/5

ORDER

The petitioner, who was arrested and remanded to judicial custody on 18.09.2023 for the offence punishable under Sections 8(C) r/w 20(b)(ii)(B) and 29 of NDPS Act in Crime No.479 of 2023 on the file of the respondent police, seeks bail.

2.The case of the petitioner is that the petitioner was found in possession of 1200 grams of Ganja. Hence, the case was registered against the petitioner.

3.It stated by the learned counsel for the petitioner that the petitioner is a college student studying B.Com in KG College of Arts and Science, Saravanampatti, Coimbatore. It is also stated that the petitioner is no way connected with the alleged offence. 4.It is stated by the learned Government Advocate (Criminal Side) that investigation is under way.

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5. Considering the above facts and circumstances of the case, 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 his executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties, out of which one surety must be either father or mother, each for a like sum to the satisfaction of the learned Judicial Magistrate No.II, Coimbatore 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 daily at 10.30.a.m., until further orders.

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

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[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.

06.10.2023 smv To 1.The Judicial Magistrate No.II, Coimbatore 2.The Central Prison for Women, Coimbatore.

3.The Public Prosecutor, High Court of Madras 4/5

C.V.KARTHIKEYAN.

J.

Smv Crl.O.P.No.23063 of 2023 06.10.2023 5/5