Narendiran 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.24542 of 2023 1.Narendiran S/o. Moorthy 2.Dhanasekar S/o. Sivalingam

...Petitioners

Vs.

The State represented by The Inspector of Police, M-2, Madhavaram Milk Colony Police Station, Chennai.

(Crime No.599 of 2023)

...Respondent

PRAYER: Criminal Original Petition is filed under Section 439 of Cr.P.C. praying to enlarge the Petitioners on bail in connection with the case in Crime No.599 of 2023 pending investigation on the file of the Respondent police.

For Petitioners : Mr.A.Samson For Respondent : Mr.R.Kishore Kumar Government Advocate (Crl. Side) 1/4

ORDER

The petitioners, who were arrested and remanded to judicial custody on 10.09.2023 for the offences punishable under Sections 8(c) r/w 20(b)(ii)(B), 25 & 29(1) of NDPS Act, in Crime No.599 of 2023 on the file of the respondent police, seeks bail. 2.It is stated that both the petitioners were found in possession of 1.250 Kgs of ganja.

3.It is also stated that the said contraband had been recovered from the accused and there are previous cases pending against the petitioners. 4.Taking into consideration the facts and circumstances, I am inclined to grant bail to the petitioners with certain conditions: 5.Accordingly, the petitioners are ordered to be released on bail on condition to execute separate bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) each with two sureties, each for a like sum to the satisfaction of the District Munsif cum Judicial Magistrate Court, Madhavaram, 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 2/4

Bank pass Book to ensure their identity.

[b] the petitioners shall report before the respondent police everyday at 10.30 a.m., until further orders;

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

[d] the petitioners 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 petitioners in accordance with law as if the conditions have been imposed and the petitioners 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 District Munsif cum Judicial Magistrate, Madhavaram. 2.The Central Prison, Puzhal II, Chennai.

3.The Inspector of Police, M-2, Madhavaram Milk Colony Police Station, Chennai.

4.The Public Prosecutor, High Court of Madras.

Crl.O.P.No.24542 of 2023 20.10.2023 4/4