Loganathan v. The State Rep By Its,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 18.10.2024

CORAM

THE HON'BLE MR.JUSTICE P.DHANABAL CRL OP.No.25573 of 2024 Loganathan, S/o.Selvam ... Petitioner Vs State rep. by:- The Inspector of Police, M-3, Puzhal Police Station, Thiruvallur District.

... Respondent [Cr.No.723 of 2024] PRAYER: - Criminal Original Petition filed under Section 483 of The Bharatiya Nagarik Suraksha Sanhita, 2023, praying to grant bail to the petitioner/Accused in Crime No.723 of 2024 on the file of the respondent police.

For Petitioner : Mr.G.Pandian For Respondent : Mr.S.Vinoth Kumar Government Advocate (Crl.Side) 1/6

ORDER

The petitioner, who was arrested and remanded to judicial custody on 17.09.2024 for the offences punishable under sections 123 of BNS r/w.24(1) COTPA Act and 8(c), 20(b) (ii) (A) of NDPS Act in Crime No.723 of 2024 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that on 17.09.2024, the respondent police was conducted check up, at that time they found the petitioner in illegal possession of 90 bouch of banned tobacco products and 200grams. of ganja. Hence, the complaint.

3. The learned counsel for the petitioner would contend that this petitioner only arrayed as 3rd accused. This petitioner has not committed any offence as alleged by the prosecution. This petitioner has been falsely implicated in this case. This petitioner is an innocent person and he has nothing to do with the commission of alleged offences and he is ready to abide by any condition imposed by this Court. Hence, he seeks bail to the petitioner.

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4. The learned Government Advocate (Criminal Side) would submit that petitioner along with other accused persons were found in possession of 90 bouch of banned tobacco product and 200grams of ganja. There is no previous case against this petitioner in similar kind of offences. This petitioner was arrested and remanded to judicial custody on 17.09.2024. Hence, he objected to grant bail to the petitioner.

5. Heard both sides and perused the materials available on record.

6. Considering the rival submissions on either side and considering the nature offence and considering that the quantity of contraband involved in this case is not comes under commercial quantity, though the petitioner is having two previous cases under IPC and there is no previous case in similar kind of offences and also considering the period of incarceration undergone by the petitioner, this Court is inclined to grant bail to the petitioner, subject to the following conditions: 3/6

[a] 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 District Munsif cum Judicial Magistrate, Madavaram and on further conditions that:

[b] the petitioner shall report before the respondent police daily at 10.00a.m. until further orders;

[c] the petitioner shall attend in accordance with the conditions of the bond;

[d] the petitioner shall not commit any offence similar to the offence of which he is accused; or suspected, or of the commission of which he is suspected; and 4/6

[e] the petitioner shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissaude him from disclosing such facts to the Court or to any police officer or tamper with the evidence;

[f] the petitioner shall not abscond either during investigation or trial; [g] On breach of any of the aforesaid conditions, the learned Judicial 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].

[h] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 B.N.S.

18.10.2024 index: Yes/No Internet: Yes/No Speaking/Non Speaking order gvn 5/6

P.DHANABAL ,J gvn To

1. The District Munsif cum Judicial Magistrate, Madavaram

2. The Inspector of Police, M-3, Puzhal Police Station, Thiruvallur District.

3. Central Prison, Puzhal.

4.The Public Prosecutor, High Court, Madras.

CRL.OP.No.25573 of 2024 18.10.2024 6/6