Rajsekar @ Kutrasu v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 07.11.2023

CORAM

THE HON'BLE MR. JUSTICE C.V.KARTHIKEYAN Crl.O.P.No.25422 of 2023 Rajsekar @ Kutrasu ... Petitioner Vs.

State rep by The Inspector of Police, T-2 Ambattur Estate Police Station, Tamil Nadu.

Crime No.522 of 2023 ... Respondent PRAYER: Criminal Original Petition filed under Section 439 of Cr.P.C., pleased to enlarge the petitioner / Accused on bail in Crime No.522 2023 pending on the file of the respondent Police. For Petitioner : Mr.A.Samson For Respondent : Mr.R.Kishore Kumar Government Advocate (Crl.Side)

ORDER

The petitioner, who was arrested and remanded to judicial custody on 19.09.2023 for the offences under Sections 8(c) r/w 20(b)(ii)(B) of NDPS Act, in Crime No.522 of 2023, seeks bail.

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2.The case of the prosecution is that the petitioner was found in illegal possession of 1.100 kgs of Ganja.

3.It is stated by the respondent that there are four previous cases against the petitioner herein, out of which, one case has been registered under Section 302 of IPC.

4.The learned counsel for the petitioner stated that A2 and A3 had been granted bail.

5.But however, taking into consideration the contraband seized is an intermediate quantity and the period of incarceration, this Court is inclined to grant bail to the petitioner with certain 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 learned Judicial Magistrate, Ambattur, 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 daily twice at 10.30 a.m and 5.30 p.m., 2/4

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 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.

07.11.2023 vkr To

1. The Judicial Magistrate, Ambattur.

2. The Inspector of Police, T-2 Ambattur Estate Police Station, Tamil Nadu.

3. The Central Prison, Puzhal II.

4. The Public Prosecutor, High Court of Madras. 3/4

C.V.KARTHIKEYAN, J.

vkr Crl.O.P.No.25422 of 2023 07.11.2023 4/4