Manikandan Alias Kanjamani v. The State Represented By Its
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 05.12.2024
CORAM
THE HON'BLE MR. JUSTICE A.D.JAGADISH CHANDIRA Manikandan @ Kanja Mani ... Petitioner Vs.
The State represented by, The Inspector of Police, P-6, Kodungaiyur Police Station, Chennai.
(Crime No.739 of 2024).
... Respondent PRAYER : Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, pleased to enlarge the petitioner on bail, in connection with Crime No.739 of 2024, pending investigation on the file of the respondent Police.
For Petitioner :
Mr.P.Santhosh For Respondent :
Mr.Leonard Arul Joseph Selvam Government Advocate (Crl.Side)
O R D E R
Petition seeking bail in respect of Crime No.739 of 2024 registered for the offences punishable under Section 8(c) r/w Sections22(a), 25 of Narcotic Drugs and Psychotropic Substances Act, 1985 and Section 123 of BNS, is on board for consideration.
1/4
2. The incarceration of the petitioner/A6 being from 23.10.2024 pleading innocence on the part of the petitioner and false implication in the case, learned counsel for the petitioner seeks indulgence of this Court. He also submits that the petitioner was arrested only based on the confession statement recorded from other accused and there is no recovery from him. He further submits that the petitioner is in no way connected with the alleged offence and he is ready to abide by any stringent condition 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, is that based on a secret information, the respondent conducted a search, during which, they had seized 8.32 grams of Nitrovet tablets and 1.2 grams of Tydol tables from the accused and arrested them. He also submits that 9 previous cases including four similar nature cases are pending against the petitioner herein.
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 and considering the period of incarceration undergone by the petitioner, this court is inclined to grant bail to the petitioner with certain conditions and accordingly, the petitioner is ordered to be released on 2/4
bail on his executing a bond for a sum of Rs.15,000/- (Rupees Fifteen Thousand only) with two sureties (out of which, one surety should be a blood related surety), each for a like sum to the satisfaction of the Principal Special Court under EC & NDPS Act, 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 06.30 p.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];
A.D.JAGADISH CHANDIRA.,J.
3/4
ham [f] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S.
05.12.2024 ham To
1. The Principal Special Court under EC & NDPS Act, Chennai.
2. The Inspector of Police, P-6, Kodungaiyur Police Station, Chennai.
3. The Superintendent, Central Prison, Puzhal, Chennai.
4. The Public Prosecutor, High Court of Madras.
4/4