The State Rep By Its, v. John @ Johnson

C.M.P.No.18502 of 2022 G.K.ILANTHIRAIYAN, J.

This Criminal Miscellaneous Petition is filed to cancel the bail granted to the respondent/accused in Crl.O.P.No.21697 of 2022, vide 12.09.2022.

2. The case of the prosecution is that on 19.07.2021 based on the secret information five persons transported ganja and intoxication pills in a dio motor cycle bearing Regn.No.TN-18-BE-0835 behind Amma Unavagam, Ilaiya Street, Tondiarpet, Chennai. When the police went to the spot and found that one of the accused was sitting in the motorcycle and other four persons were stood by surrounding him. Thereafter, the police arrested two persons and remaining were absconded. They were found in possession of Ganja and Nitravet-10 intoxication pills. Thereafter, the total quantity of 1.500 kilogram ganja and 1125 Nitravet-10 tablets were seized. After their arrest, this Court considering the facts and circumstances of the case, granted bail of the petitioner.

3. In so far as the respondent/accused is concerned, he was granted bail on the ground that he was not present at the time of occurrence along with A1 and A2 and there was no recovery from him. However, again the respondent involved in similar case in Crime No.328 of 2022 registered for offences under Sections 8 (c) r/w 22 (c) r/w 29(1) of NDPS Act. He was arrested and remanded to judicial custody on 11.11.2022. The respondent also failed to comply the condition imposed by this Court while he was granting bail in Crl.O.P.No.21697 of 2022.

4. Admittedly, the petitioner involved in another case in crime No.328 of 2022 and he was arrested and remanded to judicial custody on 11.11.2022. The respondent also failed to comply the condition imposed by this Court, while he was granted bail. He did not even appear before the respondent police everyday at 10.30 am and 5.00 p.m.

5. Considering the above facts and circumstances, the bail granted to the respondent is liable to be canceled. Accordingly, the Criminal Miscellaneous Petition is allowed. The petitioner is directed to proceed against the respondent in accordance with law.

19.12.2022 bsm

G.K.ILANTHIRAIYAN, J.

bsm C.M.P.No.18502 of 2022 in Crl.O.P.No.21697 of 2022 19.12.2022