Sanjay @ Ceylon Sanjay v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 08.11.2023

CORAM

THE HON'BLE MR. JUSTICE C.V.KARTHIKEYAN Crl.O.P.No.25553 of 2023 Sanjay @ Ceylon Sanjay ... Petitioner Vs.

The State rep by The Inspector of Police, H-5, New Washermenpet Police Station, Chennai.

Crime No.319 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.319 of 2023 pending on the file of the respondent Police. For Petitioner : Mr.G.Ezhil Balaji For Respondent : Mr.R.Kishore Kumar Government Advocate (Crl.Side)

ORDER

The petitioner who was arrested and remanded to judicial custody on 14.07.2023, for the offences under Sections 8(c), 20(b)(ii)(B) of NDPS Act, in Crime No.319 of 2023, seeks bail.

2.The case of the prosecution is that the petitioner was found in 1/4

illegal possession of 1.200 kgs of Ganja.

3.It is stated by the respondent that there are eight previous cases against the petitioner herein including one case registered under Section NDPS Act 4.It is stated by the learned counsel for the petitioner that A1 to A3 had been granted bail.

5.But however, taking into consideration the quantity of the contraband seized and the period of incarceration and also of the fact that the other accused had been granted bail, 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 XV Metropolitan Magistrate, George Town, 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 2/4

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 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.

08.11.2023 vkr To

1. The XV Metropolitan Magistrate, George Town.

2. The Inspector of Police, H-5, New Washermenpet Police Station, Chennai.

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C.V.KARTHIKEYAN, J.

vkr

3. The Central Prison, Puzhal.

4. The Public Prosecutor, High Court of Madras.

Crl.O.P.No.25553 of 2023 08.11.2023 4/4