Arun @ Arunkumar v. State, Represented By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 10.11.2023

CORAM

THE HON'BLE MR. JUSTICE C.V.KARTHIKEYAN Arun @ Arunkumar

...Petitioner

Vs.

The State rep. By The Inspector of Police, Chintadaripet Police Station, Chennai.

Crime No.91 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.91 of 2023 on the file of the respondent police.

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

ORDER

The petitioner, who was arrested and remanded to judicial custody on 27.04.2023 in Crime No.91 of 2023 for the offences punishable under Sections 8(c) and 20(b)(ii)(B), 25 and 29(1) 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. The 2nd accused had already been granted bail. Hence, he prays for grant of bail to the petitioner. 3.The learned Government Advocate (Crl. Side) stated that the petitioner is the 4th accused. The 1st accused was found in possession of 2.300 kgs of ganja. Hence, he opposed to grant bail to the petitioner.

5. Taking into consideration of the fact that final report had been filed and taken cognizance in C.C.No.574 of 2023 before the Principal 2/5

Special Court under EC and NDPS Act, Chennai, I am 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 XIV Metropolitan Magistrate Court, Egmore, 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 trial Court every Monday at 10.30 a.m., and on all hearing dates, expect for unavoidable circumstances.

[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 3/5

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.

10.11.2023 gd To

1. The XIV Metropolitan Magistrate Court, Egmore. 2.The Inspector of Police, Chintadaripet Police Station, Chennai.

3.Central Prison-II, Puzhal, Chennai.

4.The Public Prosecutor, High Court of Madras.

4/5

C.V.KARTHIKEYAN, J.

gd 10.11.2023 5/5