M.Boobalan @ Arun v. State Rpe By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 19.12.2022

CORAM

THE HON'BLE MRS.JUSTICE T.V.THAMILSELVI M.Boopalan @ Arun ... Petitioner Vs.

The State represented by, The Inspector of Police, Thudialur Police Station, Coimbatore District.

(Crime No.830 of 2022).

... Respondent PRAYER: Criminal Original Petition filed under Section 439 of Cr.P.C., pleased to enlarge the petitioner on bail pending in Crime No.830 of 2022 pending on the file of the respondent.

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

O R D E R

The petitioner, who was arrested and remanded to judicial custody on 08.10.2022 for the alleged offences punishable under Sections 8(c) r/w 22(b), 25 and 27(a) of Narcotic Drugs and Psychotropic Act, 1985 in Crime No.830 of 2022 on the file of the respondent Police, seeks bail.

2. The case of the prosecution is that on 08.10.2022, the accused had illegally transported 7 grams of Methamphetamine in their car bearing registration No.KL 08 BV 4623. The respondent Police seized the contraband under the cover of seizure mahazar and arrested the accused and registered the case in Crime No. 830 of 2022 for the offence under 8(c) r/w 22(b), 25, 27(a) of Narcotic Drugs and Psychotropic Act, 1985. Hence the case.

3. Learned counsel appearing for the petitioner submitted that the petitioner is an innocent person and he has been falsely implicated in this case. He further submitted that even as per the prosecution, the alleged contraband is stated to have been recovered is an intermediate quantity and no contraband is recovered from the petitioner. He also stated that the 2/6

petitioner is in custody from 08.10.2022 and he is ready to abide by any stringent conditions that may be imposed by this Court. Hence, he prayed to grant bail to the petitioner.

4. Learned Government Advocate (Crl.Side) appearing for the respondent police submitted that the petitioner along with other accused were illegally transported 7 grams of Methamphetamine in their car. He further submitted that one previous case of similar nature is pending as against the petitioner. Hence, he vehemently opposed to grant bail to the petitioner.

5. Heard the learned counsel for the petitioner and the learned Government Advocate (Crl.Side) for the respondent and perused the materials available on record.

6. Taking into consideration the facts and circumstances of the case and the submissions made by the learned counsel for the petitioner and taking note of the fact that the contraband alleged to have been recovered is an intermediate quantity and also considering the period of incarceration suffered by the petitioner, this Court is inclined to grant bail to the petitioner. 3/6

7. Accordingly, the petitioner is ordered to be released on bail on his executing 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 No.I, Coimbatore District, 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 Bank pass Book to ensure their identity;

[b] the petitioner shall report before the respondent Police on every Wednesday at 10.30 a.m., for a period of two months and thereafter, as and when required for interrogation;

[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 4/6

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 abscond, a fresh FIR can be registered under Section 229A IPC.

19.12.2022 ham To

1. The Judicial Magistrate No.I, Coimbatore District.

2. The Inspector of Police, Thudialur Police Station, Coimbatore District.

3. The Central Jail, Coimbatore.

4. The Public Prosecutor, High Court of Madras.

5/6

T.V.THAMILSELVI,J.

ham 19.12.2022 6/6