Thiyagarajan v. The State Rep By Its,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 19.12.2022

CORAM

THE HON'BLE MRS.JUSTICE T.V.THAMILSELVI Thiyagarajan ... Petitioner Vs.

The State represented by, The Inspector of Police, T-14, Mangadu Police Station, Chennai.

(Crime No.896 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.896 of 2022 pending on the file of the respondent.

For Petitioner : Mr.R.Parthiban 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 09.11.2022 for the alleged offences punishable under Sections 21(b), 27(a) of Narcotic Drugs and Psychotropic Act, 1985, in Crime No.896 of 2022 on the file of the respondent Police, seeks bail.

2. The case of the prosecution is that on 09.11.2022, on receiving a secret information, the respondent police went to the scene of occurrence, wherein they found that the accused was in illegal possession of 15 strips of Nitravet tablets (each containing 10 tablets) and 160 tablets (each 100 mg) of Tydol. The respondent Police seized the contraband and arrested the accused and registered the case in Crime No. 896 of 2022 for the offence under 8(c), 21(b), 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 also submitted that the alleged contraband recovered from the petitioner is only an intermediate quantity. He also stated that the petitioner is in custody from 09.11.2022 and he is ready to abide by any stringent 2/6

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 was found to be in illegal possession of 15 strips of Nitravet tablets (each containing 10 tablets) and 160 tablets (each 100 mg) of Tydol. He also stated that the major part of the investigation is over. However, 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 that the alleged contraband is an intermediate quantity and also taking note of the fact that major part of the investigation is over, this Court is inclined to grant bail to the petitioner.

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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, Sriperumputhur, 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 everyday 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 Court himself as laid down by the Hon'ble Supreme Court 4/6

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, Sriperumputhur.

2. The Inspector of Police, T-14, Mangadu Police Station, Chennai.

3. The Central Prison, Puzhal.

4. The Public Prosecutor, High Court of Madras.

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T.V.THAMILSELVI,J.

ham 19.12.2022 6/6