Hari Sudhan v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 20.11.2024

CORAM

THE HON'BLE MR. JUSTICE P.DHANABAL Hari Sudhan ... Petitioner Vs.

State represented by, The Inspector of Police, P.E.W. Coimbatore City Police Station, Coimbatore District.

(Crime No. 339 of 2024).

... Respondent PRAYER: Criminal Original Petition filed under Section 483 of BNSS, pleased to enlarge the petitioner on bail, in Crime No.339 of 2024 on the file of the respondent Police.

For Petitioner : Mr.R.Parthiban For Respondent : Mr.S.Balaji Government Advocate (Crl.Side)

O R D E R

The Petitioner, who was arrested and remanded to judicial custody on 24.09.2024, for the alleged offence punishable under Section 8(c) r/w 1/6

20(b)(ii)(B), 22(c), 25 and 29(1) of NDPS Act, in Crime No.339 of 2024, on the file of the respondent police, seeks bail.

2. The case of the prosecution is that the petitioner along with other accused was found in illegal possession of 1.100 kgs of ganja and 124 grams of Methamphetmine, and the same was seized by the respondent police. Hence, the complaint.

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 has not committed any offence as alleged in the FIR. He further submits that based on the confession of the arrested accused, this petitioner was arrayed as an accused in this case and no contraband was recovered from this petitioner. He further submits that the co-accused was also released on bail. He further submits that the petitioner was arrested and is in judicial custody from 24.09.2024 and is ready to abide by any conditions that may be imposed by this Court. Hence, he prayed bail for the petitioner. 2/6

4. The learned Government Advocate (Crl.Side) appearing for the respondent submitted that there are 12 accused in this case and the petitioner herein is arrayed as A8. He further submits that the petitioner along with other accused was found in possession of 1.100 kgs of ganja and 124 grams of Methamphetmine, which is a commercial quantity. He further submits that this petitioner invested the money for procuring the contraband. He further submits that the petitioner has no previous cases pending against him and the investigation is almost completed. Hence, he opposed to grant bail to the petitioner.

5. Heard both sides and perused the materials available on record including the First Information Report.

6. Considering the representation made by both side counsel, no contraband was recovered from this petitioner, considering that the petitioner was arrayed as accused based on the confession statement of co-accused, coaccused was also released on bail, considering the period of incarceration undergone by the petitioner from 24.09.2024, even as per the prosecution, this petitioner supplied money to the prime accused, material part of the 3/6

investigation was also completed, and also considering all others factors, I am inclined to grant bail to the petitioner, subject to certain conditions. 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 Additional District Judge/Presiding Officer, Special Court for Essential Commodities Act Cases, Coimbatore, and on further conditions that:- [a] the petitioner shall report before the concerned NDPS Court, Coimbatore on all working days at 10.30 a.m., until further orders. [b] the Petitioner shall not commit any offences of similar to the offence of which he is accused, or suspected, or of the commission of which he is suspected;

[c] the Petitioner shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer;

[d] the Petitioner shall not abscond either during investigation or 4/6

trial;

[e] On breach of any of the aforesaid conditions, the learned Judicial 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]; and [f] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 B.N.S.

20.11.2024 drl To 1.The Additional District Judge/ Presiding Officer, Special Court for Essential Commodities Act Cases, Coimbatore.

2.The Inspector of Police, P.E.W. Coimbatore City Police Station, Coimbatore District.

3.The Superintendent, Central Prison, Coimbatore.

4.The Public Prosecutor, High Court of Madras.

5/6

P.DHANABAL, J.

drl 20.11.2024 6/6