Suriya v. Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 29.11.2023

CORAM

THE HON'BLE MR. JUSTICE C.V.KARTHIKEYAN Suriya

...Petitioner

Vs.

State rep by The Inspector of Police, Tiruttani Police Station, Tiruvallur District.

Crime No.1284 of 2023

...Respondent

PRAYER: Criminal Original Petition is filed under Section 439 of Cr.P.C. praying to release the petitioner on bail pending investigation in Crime No.1284 of 2023 on the file of the respondent Police. For Petitioner : Mr.S.Senthil Murugan For Respondent : Mr.R.Kishore Kumar Government Advocate (Crl. Side)

ORDER

The petitioner who was arrested and remanded to judicial custody on 25.10.2023, registered by the respondent Police for the offences 1/4

punishable under Sections 272, 273, 328 of IPC r/w Section 25, 29(1), 8(c) and 20(b)(ii)(A) of NDPS Act, in Crime No.1284 of 2023, seeks bail.

2.The case of the prosecution is that the accused were found in possession of 200 grams of Ganja in a two wheeler bearing registration No.TN 20 CT 8174.

3.There were two accused. The petitioner is arrayed as A1 and another accused is a juvenile and he had been granted bail. 4.It is stated by the respondent that there is no previous case against the petitioner.

5.Taking all the factors into consideration, this Court is inclined to grant bail to the petitioner subject to the following conditions: 6.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) each with two sureties, each for a like sum to the satisfaction of the learned Judicial Magistrate, Tiruttani, and on further conditions that :- [a] the petitioner and the sureties shall affix his photographs and Left Thumb Impression in the surety bond and the Magistrate may obtain a copy of his Aadhar card or Bank pass Book to ensure their identity. 2/4

[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.

29.11.2023 vkr To

1. The Judicial Magistrate, Tiruttani.

2. The Sub Jail, Tiruttani.

3.The Inspector of Police, Tiruttani Police Station, Tiruvallur District.

4.The Public Prosecutor, High Court of Madras. 3/4

C.V.KARTHIKEYAN.J vkr 29.11.2023 4/4