Sugan Raj v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 28.11.2023

CORAM

THE HON'BLE MR. JUSTICE C.V.KARTHIKEYAN Sugan Raj S/o. Ravi

...Petitioner/Accused

Vs.

The State rep. by The Inspector of Police, Prohibition Enforcing Wing, Chengalpattu District.

(Crime No.483 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.483 of 2023 on the file of the respondent police on such terms and conditions. For Petitioner : Mr.A.Venkatesan For Respondent : Mr.R.Kishore Kumar Government Advocate (Crl. Side) 1/4

ORDER

The petitioner/A3 seeks bail in Crime No.483 of 2023, registered by the respondent police for the offences punishable under Section 8(c) r/w 20(b)(ii)(B) of NDPS Act. He had been taken into custody on 19.10.2023.

2.It is stated that there were totally three accused and from A1, the respondent had recovered 1.100 kgs of ganja.

3.It is also stated that there are no previous cases against the petitioner herein.

4.Taking into consideration the period of incarceration and all other factors, I am inclined to grant bail to the petitioner subject to the following conditions:

5.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 District Munsif cum Judicial Magistrate-I, Chengalpattu, and on further conditions that :- [a] the sureties shall affix his photographs and Left Thumb 2/4

Impression in the surety bond and the Magistrate may obtain a copy of his Aadhar card or Bank pass Book to ensure his 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.

28.11.2023 ata C.V.KARTHIKEYAN.

J.

ata 3/4

To

1. The District Munsif cum Judicial Magistrate-I, Chengalpattu.

2. The District Prison, Chengalpattu.

3.The Inspector of Police, Prohibition Enforcing Wing, Chengalpattu District.

4.The Public Prosecutor, High Court of Madras.

28.11.2023 4/4