Harikrishnan v. The State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 01.12.2023

CORAM

THE HON'BLE MR. JUSTICE C.V.KARTHIKEYAN Crl.O.P.No.27259 of 2023 Harikrishnan S/o. Velu ... Petitioner/Accused Vs.

The State represented by The Inspector of Police, B-7, Vellavedu Police Station, Thiruvallur District.

(Crime No.629 of 2023) ... Respondent PRAYER: Criminal Original Petition filed under Section 439 of Cr.P.C., prayed to enlarge the petitioner on bail in Crime No.629 of 2023 on the file of the respondent.

For Petitioner : Mr.P.Muthamizh Selvakumar For Respondent : Mr.R.Kishore Kumar Government Advocate (Crl. Side) 1/4

ORDER

The petitioner, who was arrested and remanded to judicial custody on 10.10.2023 for the offences punishable under Sections 8(c), 20(b)(ii)(B) of Narcotic Drugs and Psychotropic Substances Act, 1985 in Crime No.629 of 2023 on the file of the respondent police, seeks bail. 2.It is stated that the petitioner was secured with possession of 1.250 kgs of ganja.

3.It is stated by the learned Government Advocate (Crl. Side) for the respondent that there is one previous case against the petitioner under Section 302 of IPC.

4.Taking into consideration the period of incarceration and the quantity of ganja seized, 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 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 learned Judicial Magistrate - II, Poonamallee, and on further conditions that: - 2/4

[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 appear before the respondent police daily 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.

01.12.2023 ata 3/4

C.V.KARTHIKEYAN, J.

ata To 1.The Judicial Magistrate - II, Poonamallee. 2.The Inspector of Police, B-7, Vellavedu Police Station, Thiruvallur District.

3. The Central Prison, Puzhal.

4. The Public Prosecutor, High Court of Madras.

Crl.O.P.No.27259 of 2023 01.12.2023 4/4