Saranraj @ Gidangalan v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 17.11.2023

CORAM

THE HON'BLE MR. JUSTICE C.V.KARTHIKEYAN Saranraj @ Gidangalan S/o. Raji ... Petitioner/ Accused Vs.

The State rep by The Station House Officer, Roshanai Police Station, Villupuram District.

(Crime No.128 of 2023)

...Respondent

Prayer: Criminal Original Petition filed under Section 439 of Cr.P.C. praying to enlarge the Petitioner on bail in Crime No.128 of 2023 pending investigation on the file of the respondent police. For Petitioner : Mr.R.Sasikumar For Respondent : Mr.R.Kishore Kumar Government Advocate (Crl. Side) 1/4

ORDER

The petitioner seeks bail in Crime No.128 of 2023, registered by the respondent police for the offences punishable under Sections 4(1)(aaa), 4(1)(i), 4(1-A) & 14A of TNP Act and Section 20(b)(ii)B of NDPS Act.

2.The petitioner had been taken into custody on 02.04.2023 with possession of 1.100 kgs of ganja and 10 litres of ID arrack and 64 bottles of Brandy.

3.It is stated that there are several cases pending against the petitioner herein similar in nature but one factor, which swings the pendulum in favour of the petitioner is that he is suffering from serious disease.

4.In view of that particular fact and particularly also because he require medical attention, I am inclined to grant bail to the petitioner herein subject to the following conditions:

5.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 2/4

of the Judicial Magistrate No.I, Tindivanam, 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 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.

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C.V.KARTHIKEYAN.

J.

ata To 1.The Judicial Magistrate No.I, Tindivanam.

2.The Central Prison, Cuddalore.

3.The Station House Officer, Roshanai Police Station, Villupuram District.

4.The Public Prosecutor, High Court of Madras.

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