Vignesh v. The State Rep.By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 29.10.2024 CORAM :

THE HONOURABLE MR. JUSTICE P.DHANABAL Vignesh ... Petitioner/Accused Vs.

The State of Tamil Nadu, Rep. by the Inspector of Police, J-9 Thuraipakkam Police Station, Chennai.

(Crime No.319 of 2024) ... Respondent/Complainant PRAYER: Criminal Original Petition filed under Section 483 of B.N.S.S. Act, 2023, praying to enlarge the petitioner on bail in Crime No.319 of 2024 on the file of the respondent police.

For Petitioner : Mr.M.Murugan For Respondent : Mr.S.Vinothkumar Government Advocate (Crl.Side) *****

ORDER

The petitioner, who was arrested and remanded to judicial custody on 13.09.2024, for the alleged offence punishable under Sections 8(c) read with 20(b)(ii)(B) of NDPS in Crime No.319 of 2024, on the file of the respondent Page No.1 of 6

police, seeks bail.

2. The case of the prosecution is that the petitioner along with other accused were in illegal possession of 1.225 Kgs of Ganja. Hence, the case.

3. Learned counsel for the petitioner submitted that the petitioner is an innocent person, he has not committed any offence as alleged by the prosecution, and he has been falsely implicated in this case. He further submitted that the petitioner has been in custody since 13.09.2024; that he is a law-abiding citizen; that he is ready to furnish substantial sureties for his due release on bail; and therefore, he prays for the grant of bail to the petitioner.

4. The learned Government Advocate (Crl.Side) opposes the grant of bail to the petitioner by stating that the petitioner along with other accused were in illegal possession of 1.225 Kgs of Ganja. He further would further submit that there is one previous cases against the petitioner, which is similar in nature.

5. Heard both sides and perused the materials available on record Page No.2 of 6

including the First Information Report.

6. Considering the representation made on both sides and the fact that the quantity of material involved in this case is not a commercial quantity and also taking into consideration the period of incarceration undergone by the petitioner from 13.09.2024 and though there is one previous case against the petitioner, in that case, already bail was granted to the petitioner, this Court is inclined to grant bail to the petitioner with 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 Judicial Magistrate II, Alandur and on further conditions that:- [a] the petitioner shall report before the concerned NDPS Court at Chennai, on all working days at 10.30 a.m., until further orders, without fail. [b] the petitioner shall attend in accordance with the conditions of the bond;

[c] 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 Page No.3 of 6

suspected;

[d] 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 or tamper with the evidence;

[e] the petitioner shall not abscond either during investigation or trial. [f] 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].

[g] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 BNS.

29.10.2024 vm Page No.4 of 6

To:

1.The Judicial Magistrate Court II, Alandur.

2.The Inspector of Police, J-9, Thuraipakkam Police Station, Chennai.

3.The Superintendent, Central Prison, Puzhal.

4.The Public Prosecutor, High Court of Madras.

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P.DHANABAL,J.

vm 29.10.2024 Page No.6 of 6