M.Vijay v. The State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 11.12.2023

CORAM

THE HON'BLE MR. JUSTICE C.V.KARTHIKEYAN M.Vijay S/o.Mani ..Petitioner Vs.

State rep. by The Inspector of Police, M-8, Sathangadu Police Station.

(Crime No.390 of 2023)

...Respondent

PRAYER: Criminal Original Petition is filed under Section 439 of Code of Criminal Procedure, praying to enlarge the petitioner on bail in Crime No.390 of 2023, pending on the file of the respondent. For Petitioner : Mr.M.Muthuramalingam For Respondent : Mr.R.Kishore Kumar Government Advocate (Crl. Side) 1/4

ORDER

The Petitioner/A2 in Crime No.390 of 2023, registered by the respondent police for the offences punishable under Sections 8(c) read with 20(b)(ii)(B) of NDPS Act. The petitioner had been remanded to judicial custody on 28.10.2023, seeks bail

2. It is stated by the learned Government Advocate (Criminal Side) that there are two Accused in this case and total quantity of 1.200 Kgs of Ganja had been seized. He also stated that there are no previous cases against the Petitioner herein.

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

4. 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 2/4

Judicial Magistrate Court, Thiruvottiyur and on further conditions that :- [a] 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 his identity. [b] the petitioner shall report 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.

11.12.2023 mkn2 3/4

C.V.KARTHIKEYAN.

J.

mkn2 To 1.The Judicial Magistrate Court, Thiruvottiyur 2.The Central Prison, Puzhal.

3.The Inspector of Police, M-8, Sathangadu Police Station, Thiruvottiyur.

4.The Public Prosecutor, High Court of Madras.

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