M.Rajib Sarkar v. State Rep By, Inspector Of Police
CRL MP NO. 63 of 2025
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 07-01-2025
CORAM
THE HONOURABLE MR JUSTICE A.D.JAGADISH CHANDIRA CRL MP NO. 63 of 2025 in Crl.OP.No.11058 of 2024 M.Rajib Sarkar S/o.Mr.Manoj Kumar, Palmshore Hotel, Opp To Grt Jewellery, 3rd Main Road, Ab Block, Anna Nagar, Chennai. Permanently Residing At No.41, Siliguri Village, Sevok Road, Darjeeling, West Bengal. Appellant(s) Vs State Rep By, Inspector Of Police K-4, Anna Nagar Police Station, Chennai.
Crime No.39 Of 2024 Respondent(s) For Appellant(s):
R.Thamarai Selvan S.Venkatesan M.Divyalakshmi T.Maha Vishnu S.Ramesh N.Gayathri P.Krishna Kumar For Respondent(s):
Mr.S.Santhosh, Government Advocate (Crl.Side)
ORDER
This petition has been filed seeking to modify the condition in para 5 imposed by this Court in Crl.O.P.No.11058 of 2024, vide order dated 08.05.2024.
2. Learned counsel for the petitioner submitted that the petitioner was arrested on 14.02.2024 in Crime No.39 of 2024 registered for the offence under Sections 8(c) r/w 20(b)(ii)(B), 22(b) and 29(1) of Narcotic Drugs and Psychotropic Substances, Act, 1985. He further submitted that the petitioner was enlarged on bail by this Court in Crl.O.P.No.11058 of 2024 dated 08.05.2024, with a condition to execute a bond for a sum of Rs.10,000/- with two sureties (out of which, one shall be the blood related surety), each for a like sum to the satisfaction of the learned Principal Special Judge, Special Court for Exclusive trial of cases under NDPS Act, Chennai.
3. He further submitted that the petitioner could not produce the blood surety, despite the bail having been granted to the petitioner, he is suffering incarceration. Therefore, if the condition is not modified, the petitioner will put to great hardship, hence, he seeks for modification of the condition.
4. The learned Government Advocate (Crl. side) would also submit that the petitioner is a native of West Bengal and has no previous cases pending against him. He further submitted that investigation was completed and final report was also filed and the same was not taken on file.
5. In view of the above submissions, this Court is inclined to modify the condition imposed by this Court in Crl.O.P.No.11058 of 2024 dated 08.05.2024.
Accordingly, Paragraph 5 of the said order shall be read as follows :- "5.Accordingly, the petitioner is ordered to be released on bail on 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 learned Principal Special Judge, Special Court for Exclusive trial of cases under NDPS Act, Chennai, and on further conditions that:"
..............
............(b) the petitioner shall report before the Special Judge, Special Court for Exclusive trial of cases under NDPS Act, Chennai, on all working days at 10.30 a.m, until further orders.
6. It is made clear that all other conditions remain unaltered. With the above modifications, this Criminal Original Petition stands ordered. 07-01-2025 To
1. The Inspector Of Police K-4, Anna Nagar Police Station, Chennai.
Note : Issue order copy on 07.01.2025
A.D.JAGADISH CHANDIRA.,J.
drl CRL MP NO. 63 of 2025 in Crl.OP.No.11058 of 2024 07.01.2025