Adil @ Adil P.G v. State Represented By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 11.01.2024

CORAM

THE HON'BLE MR. JUSTICE C.V.KARTHIKEYAN Adil (Alias) Adil P.G ... Petitioner Vs.

State represented by The Inspector of Police, Kalapet Police Station, Puducherry (Crime No.131 of 2023) ... Respondent PRAYER: Criminal Original Petition filed under Section 439 of Cr.P.C., prayed to enlarge the petitioner on bail in Crime No.131 of 2023 on the file of the respondent.

For Petitioner : Miss.S. Radhika For Respondent :Mr.K. S.Mohandoss, Public Prosecutor Assisted by Mr.A. Alexander,Public Prosecutor for Pondicerry 1/5

ORDER

The petitioner, who was arrested and remanded to judicial custody on 07.12.2023, registered for the offences under Sections 8(c) of NDPS Act, 1985 r/w 21(b), 22(c) of NDPS Act, 1985 r/w 34 of I.P.C in Crime No.131 of 2023 on the file of the respondent Police, seeks bail.

2. It is stated that A4 had been arrested and granted bail. It is stated that from this petitioner/ A2 6.7 grams if MDMS ( Methylenedioxymethamphetamine) was seized which is non-commercial quantity.

3. The learned Public Prosecutor appearing for the respondent stated that the petitioner is a student of Pondicherry University studying M.A. 4.Taking all these factors into consideration and also considering the period of incarceration, I am inclined to grant bail to the petitioner subject to the following conditions:

5.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 2/5

only) with two sureties(out of which one should be blood related surety), each for a like sum to the satisfaction of the learned III Additional Sessions Judge, Puducherry 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 learned III Additional Sessions Judge, Puducherry may inform the Principal of the Pondicherry University about the FIR registered against this petitioner and the Principal is directed to record the said fact in the student register.

[c]the petitioner shall report before the respondent police everyday at 10:30 p.m., until further orders.

[d] the petitioner shall not abscond either during investigation or trial.

[e] the petitioner shall not tamper with evidence or witness either during investigation or trial.

[f] 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].

[g] If the accused thereafter absconds, a fresh FIR can be registered 3/5

under Section 229A IPC.

11.01.2024 smn To 1.The III Additional Sessions Judge, Puducherry 2.The Inspector of Police, Kalapet Police Station, Puducherry.

3.The Central Prison, Puducherry

4. The Public Prosecutor, High Court of Madras. C.V.KARTHIKEYAN, J.

smn 4/5

11.01.2024 5/5