Dinesh @ Mandai Dinesh v. Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 14.12.2023

CORAM

THE HON'BLE MR. JUSTICE C.V.KARTHIKEYAN Crl.OP.No.28034 of 2023 Dinesh @ Mandai Dinesh

...Petitioner

Vs.

State, Rep.by Inspector of Police, PEW Ambattur Unit.

Cr.No.165/2023.

...Respondent

PRAYER: Criminal Original Petition is filed under Section 439 of Cr.P.C. praying to enlarge the petitioner on bail in FIR in Crime No.165 of 2023 on the file of the respondent police.

For Petitioner : Mr.D.Jaisankar For Respondent : Mr.R.Kishore Kumar Government Advocate (Crl.Side)

ORDER

The petitioner in Crime No.165 of 2023 registered for the offences under Sections 8(c) r/w 20 (b) (ii) (B) NDPS Act and remanded to judicial custody on prisoner in transit warrant on 22.09.2023 seeks bail. 1/4

2.Heard the learned counsel for the petitioner and the learned Government Advocate (Criminal side).

3.It had been stated that A1, A2 & A3 had been taken into custody with possession of 9 Kgs of Ganja each with 3 Kgs. On their confession, the petitioner herein had been remanded on prisoner in transit warrant. It is also stated that A1, A2 & A3 had been granted bail. 4.Taking all the factors into consideration, this Court is inclined to grant bail to the petitioner subject to the following conditions. 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, Ambattur, and on further conditions that:

[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 report before the respondent police every Monday, Wednesday and Friday at 5.30 p.m. until further orders.

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[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.

14.12.2023 sli 3/4

C.V.KARTHIKEYAN, J.

sli To

1. The Judicial Magistrate, Ambattur.

2.Inspector of Police, PEW Ambattur Unit.

Cr.No.165/2023.

4.Central Prison, Puzhal.

4.The Public Prosecutor, Madras High Court.

Crl.OP.No.28034 of 2023 14.12.2023 4/4