Osuran v. Sub Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 20.10.2023

CORAM

THE HON'BLE MR. JUSTICE C.V.KARTHIKEYAN Crl.O.P.No.24224 of 2023 Osuran S/o. Gothandam

...Petitioner

Vs.

The State represented by The Sub-inspector of Police, Vandavasi North Police Station, Vandavasi Town, Tiruvannamalai District.

(Crime No.210 of 2023)

...Respondent

PRAYER: Criminal Original Petition is filed under Section 439 of Cr.P.C. praying to enlarge the Petitioner on bail in connection with the case in Crime No.210 of 2023 pending investigation on the file of the Respondent police.

For Petitioner : Mr.B.Jawahar For Respondent : Mr.R.Kishore Kumar Government Advocate (Crl. Side) 1/4

ORDER

The petitioner, who was arrested and remanded to judicial custody on 31.08.2023 for the offences punishable under Sections 8(c), 20(b)(ii)(A) & 32 of NDPS Act, and Sections 353 & 506(ii) of IPC and Section 25(1A) of Arms Act, in Crime No.210 of 2023 on the file of the respondent police, seeks bail.

2.It is stated that the petitioner along with other accused were found in possession of 150 grams of ganja with an intention to sell it in retail 5 grams each.

3.It is stated on the side of the respondent that when the respondent about to arrest the accused, they showed knife. 5.Taking into consideration all these facts, I am inclined to grant bail to the petitioner with certain 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, Vandavasi, 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 on 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.

20.10.2023 ata C.V.KARTHIKEYAN.J 3/4

ata To 1.The Judicial Magistrate, Vandavasi.

2.The Central Prison, Vellore.

3.The Sub-inspector of Police, Vandavasi North Police Station, Vandavasi.

4.The Public Prosecutor, High Court of Madras.

Crl.O.P.No.24224 of 2023 20.10.2023 4/4