Lekkusamy @ Kathadi v. The Stte Rep By Its,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 19.10.2024
CORAM
THE HON'BLE MR.JUSTICE P.DHANABAL CRL OP.No.25642 of 2024 Lekkusamy @ Kathadi ... Petitioner / Sole accused Vs State rep. by The Inspector of Police, Sulur Police Station, Coimbatore District.
(Crime No.701 of 2024) ... Respondent PRAYER: - The Criminal Original Petition is filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, (BNSS) 2023, praying to enlarge the Petitioner on bail in Crime No.701 of 2024 on the file of the respondent police.
For Petitioner : Mr.A.Saranraj For Respondent : Mr.S.Vinoth Kumar Government Advocate (Criminal Side) 1/6
ORDER
The petitioner, who was arrested and remanded to judicial custody on 22.09.2024, for the offences punishable under Section 8(C) r/w. 20(b)(ii)(b) of Narcotic Drugs & Psychotropic Substances Act, 1985, in Crime No.701 of 2024, on the file of the respondent seeks bail. 2.It is the case of the prosecution that the petitioner was found in illegal possession of 1.100 Kgs of Ganja. Hence, the case. 3.The learned counsel for the petitioner would submit that the petitioner is innocent and he has been falsely implicated in this case. He would submit that the petitioner is ready to abide by any stringent condition that may be imposed by this Court. Hence, he prays for grant of bail to the petitioner.
4.The learned Government Advocate (Crl. Side) would submit that the petitioner is the sole accused in this case and he was found in illegal possession of 1.100 kgs of Ganga. He would further submit that there 2/6
are four previous case against the petitioner with respect to the same and in those cases, the petitioner had been released on bail. Hence, he vehemently opposed for grant of bail to the petitioner.
5. Heard both side learned counsel and perused the materials available on record.
6. Considering the nature of offence, the quantity of contraband involved in this case is not a commercial quantity and also taking into consideration the fact that after the release of bail in another case of similar nature, this case has been registered against this petitioner 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:
[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 Additional District Judge, Special Court for Essential Commodities Act Cases, Coimbatore District and on further 3/6
conditions that;
[b] the Petitioner shall report before the concerned NDPS Court on all working days at 10.30 a.m., until further orders; [c] the Petitioner shall not commit any offences of similar to the offence of which he is accused, or suspected, or of the commission of which he is suspected;
[d] 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 dissuade him from disclosing such facts to the Court or to any police officer;
[e] the Petitioner shall not abscond either during investigation or trial;
[f] 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]; and [g] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 B.N.S.
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To 1.The Additional District Judge, Special Court for Essential Commodities Act Cases, Coimbatore. 2.Central Prison, Coimbatore.
3.The Inspector of Police, Sulur Police Station, Coimbatore District.
4.The Public Prosecutor, High Court, Madras.
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P.DHANABAL ,J.
smv CRL.OP.No.25642 of 2024 19.10.2024 6/6