Mohammed Ashick v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 10.11.2023

CORAM

THE HON'BLE MR. JUSTICE C.V.KARTHIKEYAN Mohammed Ashick

...Petitioner

Vs.

The State rep. By The Inspector of Police, Kaveripattinam Police Station, Krishnagiri District.

Crime No.480 of 2023.

...Respondent

PRAYER:

Criminal Original Petition is filed under Section 439 of Cr.P.C. praying to enlarge the petitioner on bail in Crime No.480 of 2023 on the file of the respondent police.

For Petitioner : Mr.C.Deepakkumar For Respondent : Mr.R. Kishore Kumar Government Advocate (Criminal Side) 1/5

ORDER

The petitioner, who was arrested and remanded to judicial custody on 15.09.2023 in Crime No.480 of 2023 for the offences punishable under Sections 8(c) r/w 20(b)(ii)(A) NDPS Act, on the file of the respondent police, seeks bail.

2. The learned counsel for the petitioner stated that the petitioner is an innocent person and he has been falsely implicated in this case. He further stated that the petitioner is ready to abide by any stringent condition imposed by this Court. Hence, he prays for grant of bail to the petitioner.

3.The learned Government Advocate (Crl. Side) stated that the petitioner had been arrested on 15.09.2023 with possession of 4.400 kgs of ganja. The 2nd accused who is the grand mother of the petitioner herein had been granted anticipatory bail. There are no previous case as against the petitioner. Hence, he opposed to grant bail to the petitioner. 2/5

5. Taking into consideration of all these factors, this Court is inclined to grant bail to the petitioner subject to the following conditions:

6. 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 Judicial Magistrate Court No.1, Salem, 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., until further orders.

[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 3/5

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]. [f] If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.

10.11.2023 gd To

1. The Judicial Magistrate Court No.1, Salem. 2.The Inspector of Police, Kaveripattinam Police Station, Krishnagiri District.

3.Central Prison, Salem 4.The Public Prosecutor, High Court of Madras.

4/5

C.V.KARTHIKEYAN, J.

gd 10.11.2023 5/5