Vinith @ (Picko) v. State Rep.By

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.24591 of 2023 Vinith @ Picko

...Petitioner

Vs.

The State represented by The Inspector of Police, Kattur, (Redhills), Chennai.

(Crime No.469 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.469 of 2023 pending investigation on the file of the Respondent police.

For Petitioner : Mr.M.Gnanasoundar For Respondent : Mr.R.Kishore Kumar Government Advocate (Crl. Side)

ORDER

The petitioner, who was arrested and remanded to judicial custody on 27.08.2023 for the offences punishable under Sections 8(c) & 1/4

20(b)(ii)(B) of NDPS Act, in Crime No.469 of 2023 on the file of the respondent police, seeks bail.

2.It is stated that the petitioner was found in possession of 1.200 Kgs of ganja.

3.It is stated on the side of the petitioner that the petitioner is innocent of the said offence and he had been falsely implicated in this case.

4.It is stated on behalf of the respondent that there are previous cases pending against the petitioner.

5.Though there are previous cases pending against the petitioner herein, taking into consideration the facts and circumstances, I am inclined to grant bail to the petitioner herein 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 II, Ponneri, Thiruvallur, and on further conditions that:

[a] the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the 2/4

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.

20.10.2023 ata 3/4

C.V.KARTHIKEYAN.J ata To 1.The Judicial Magistrate II, Ponneri, Thiruvallur. 2.The Central Prison, Puzhal, Chennai.

3.The Inspector of Police, Kattur, (Redhills), Chennai.

4.The Public Prosecutor, High Court of Madras.

Crl.O.P.No.24591 of 2023 20.10.2023 4/4