Libeesh Babu v. The State Rep. By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 18.12.2023

CORAM

THE HON'BLE MR. JUSTICE C.V.KARTHIKEYAN Crl.OP.No.26974 of 2023 Libeesh Babu

...Petitioner

Vs.

The State rep.by The Inspector of Police, NIB CID, Salem District.

Crime No.48 of 2023.

...Respondent

PRAYER: Criminal Original Petition is filed under Section 439 of Cr.P.C. praying to enlarge the petitioner on bail in FIR in Crime No.48 of 2023 on the file of the respondent police.

For Petitioner : Mr.C.Deepak Kumar For Respondent : Mr.R.Kishore Kumar Government Advocate (Crl.Side)

ORDER

The petitioner in Crime No.48 of 2023 registered by the respondent Police for the offences under Sections 8 (c) r/w 20 (b)(ii)(B) NDPS Act and remanded to judicial custody on 11.10.2023 seeks bail. 1/4

2.It is stated that the petitioner was found in possession of 4.500 Kgs of ganja, which is an intermediate quantity. There is one case against the petitioner under NDPS Act, which had ended by paying fine. There is also one case against the petitioner under Section 302 IPC, which is now pending in Kerala.

3.Taking all the factors into consideration and the period of incarceration, this Court is inclined to grant bail to the petitioner subject to the following conditions.

4.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 Judicial Magistrate No.1, Salem 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.

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[b] the petitioner shall report before the respondent Police, daily at 10.00 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.

sli 18.12.2023 3/4

C.V.KARTHIKEYAN, J.

sli To

1. The Judicial Magistrate Court No.1, Salem. 2.The Inspector of Police, NIB CID, Salem District.

Crime No.48 of 2023.

3.Central Prison, Salem.

4.The Public Prosecutor, Madras High Court.

Crl.OP.No.26974 of 2023 18.12.2023 4/4