Ishwarya v. Stat Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 06.12.2023

CORAM

THE HON'BLE MR. JUSTICE C.V.KARTHIKEYAN Ishwarya W/o. Suraj Jinnis Kannan ... Petitioner/Accused-2 Vs.

The State represented by The Inspector of Police, T-15, Kannagi Nagar Police Station, Chennai.

(Crime No.491 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.491 of 2023 on the file of the respondent.

For Petitioner : Mr.A.Samson For Respondent : Mr.R.Kishore Kumar Government Advocate (Crl. Side) 1/4

ORDER

The petitioner/A2 seeks bail in Crime No.491 of 2023, registered by the respondent police for the offences punishable under Sections 8(c) r/w 20(b)(ii)(B) & 29(1) of NDPS Act. The petitioner had been taken into custody on 31.10.2023.

2.It is stated that there are totally three accused. The petitioner is A2 and the respondent had recovered 1.500 kgs of ganja. 3.It is stated by the learned counsel for the petitioner that the said contraband was not seized from the petitioner. 4.It is also stated that the petitioner has young child aged about 1 1⁄2 years.

5.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:

6.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 Court II, Alandur, 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., for a period of ten days and thereafter, appear before the respondent police on every Saturday 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 Court II, Alandur. 2.The Inspector of Police, T-15, Kannagi Nagar Police Station, Chennai.

3.Central Prison for Women, Puzhal, Chennai.

4. The Public Prosecutor, High Court of Madras.

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