Donsmith v. State Rep. By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 28.11.2024

CORAM:

THE HON'BLE MR.JUSTICE A.D.JAGADISH CHANDIRA Donsmith, S/o.Samraj ... Petitioner

Versus

State rep by The Inspector of Police, K11 CMBT Police Station, Chennai.

Cr.No.752 of 2024.

... Respondent PRAYER: Criminal Original Petition filed under Section 483 of BNSS, to enlarge the petitioner/accused on bail pending investigation in Crime No.752 of 2024 on the file of the respondent Police. For Petitioner :

Mr.R.Thirugnanam For Respondent :

Mr.Leonard Arul Joseph Selvam Government Advocate (Crl. Side) Page No.1 of 6

ORDER

Petition seeking bail in respect of Crime No.752 of 2024 registered for the offences punishable under Sections 8(c) r/w Sections 20(b)(ii)(B), 25 and 29(1) of Narcotic Drugs and Psychotropic Substances Act, 1985 is on board for consideration.

2.The incarceration of the petitioner being from 08.11.2024 pleading innocence on the part of the petitioner and false implication in the case, the learned counsel for the petitioner seeks indulgence of this Court. The learned counsel for the petitioner would submit that the petitioner is innocent and a false case has been registered against him. He is ready to abide by any stringent conditions that may be imposed by this Court.

3.The case of the prosecution as putforth by the learned Government Advocate (Criminal Side) appearing for the respondent police, opposing for grant of bail, submitted that the petitioner/A1 along with A2 were found to be in illegal possession of 1.50 kilograms of ganja. He further submitted that the petitioner has no previous case pending Page No.2 of 6

against him.

4.Having heard the learned counsel for the petitioner and the learned Government Advocate (Criminal Side) for the respondent Police and perused the materials available on record, this Court is inclined to grant bail to the petitioner with certain conditions and accordingly, he is ordered to be released on bail on his executing a bond for a sum of Rs.15,000/- (Rupees Fifteen Thousand only) with two sureties (out of which, one of the sureties should be either the father or mother of the petitioner) each for a like sum to the satisfaction of the learned V Metropolitan Magistrate, Egmore, Chennai, 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, everyday at 10.30 a.m., until Page No.3 of 6

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 269 of B.N.S. 28.11.2024 vv2 To Page No.4 of 6

1.The V Metropolitan Magistrate, Egmore, Chennai.

2.The Inspector of Police, K11 CMBT Police Station, Chennai.

3.The Superintendent, Central Prison, Puzhal, Chennai.

4.The Public Prosecutor, High Court of Madras.

Page No.5 of 6

A.D.JAGADISH CHANDIRA, J.

vv2 Crl.O.P.No.29793 of 2024 28.11.2024 Page No.6 of 6