Janakiraman v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 21.12.2023

CORAM

THE HON'BLE MR. JUSTICE C.V.KARTHIKEYAN Crl.OP.No.28604 of 2023 Janakiraman

...Petitioner

Vs.

State rep.by The Inspector of Police, M-4, Redhills Police Station, Chennai.

(Crime No.3569 of 2020)

...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.3569 of 2020 on the file of the respondent police.

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

ORDER

The petitioner/A1 in C.C.No.267 of 2021 pending before the I Additional Special Court for Exclusive Trial of Cases under NDPS Act, Chennai, seeks bail.

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2.Since the petitioner did not appear before the Court, on 11.07.2023, Non Bailable Warrant was issued and the petitioner was secured on 20.10.2023. It is stated that there is yet another accused, who is appearing before the Court.

3.Taking all the factors into consideration, particularly that the petitioner had been granted bail earlier, but had for some reasons absconding from the judicial process, still bail is granted to the petitioner herein. 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 fresh sureties each for a like sum to the satisfaction of the I Additional Special Court for Exclusive Trial of Cases under NDPS Act, 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 I Additional Special Court for Exclusive Trial of Cases 2/4

under NDPS Act, Chennai, every Monday at 10.00 a.m., apart from the Court hearing dates 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.

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C.V.KARTHIKEYAN, J.

sli To

1. The I Additional Special Court for Exclusive Trial of Cases under NDPS Act, Chennai.

2.The Inspector of Police, M-4, Redhills Police Station, Chennai.

(Crime No.3569 of 2020) 3.Central Prison, Puzhal, Chennai.

4.The Public Prosecutor, Madras High Court.

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