Vignesh v. The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 10.01.2024

CORAM

THE HON'BLE MR. JUSTICE C.V.KARTHIKEYAN 1.Vignesh S/o. Sakthivel ... Petitioner/A3 in Crl.O.P.No.29082 of 2023 2.Naresh Babu S/o. Sridhar ... Petitioner/A5 in Crl.O.P.No.29090 of Vs.

State represented by The Inspector of Police, V-7 Nolambur Police Station.

Crime No.278 of 2023 ... Respondent/Complainant in both Crl.O.Ps PRAYER: These Criminal Original Petitions filed under Section 439 of Cr.P.C., prayed to enlarge the petitioners on bail in Crime No.278 2023 on the file of the respondent.

For Petitioners : Mr. A. Samson, in both Crl.O.Ps For Respondent : Mr.L.Baskaran Government Advocate (Crl. Side) in both Crl.O.Ps 1/4

COMMON ORDER The petitioners, who were arrested and remanded to judicial custody on 19.11.2023 registered for the offences punishable under Sections 8(c) r/w Sections 20(b)(ii)(B) and 22(B), 25, 29(1) of NDPS Act in Crime No.278 of 2023 on the file of the respondent Police, seek bail.

2. It is stated that totally 2.300 Kgs of Ganja and 207 numbers of Nitrovet-10 tablets had been seized from the accused persons. As a matter of fact, the total numbers of Nitrovet-10 tablets seized was 1560 numbers.

3. But however, taking into consideration the quantity of Ganja seized is an intermittent quantity and some of the accused had also been granted bail and considering the period of incarceration suffered, this Court is bail to the petitioners subject to the following conditions:

4. Accordingly, the petitioners are ordered to be released on bail on condition to execute separate bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) each with two sureties, each for a like sum to the satisfaction of the learned Judicial Magistrate, Ambattur, and on further conditions that:- [a] the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the Magistrate may 2/4

obtain a copy of their Aadhar card or Bank pass Book to ensure their identity.

[b] the petitioners shall report before the respondent police daily at 10.30 a.m., until further orders. [c] the petitioners shall not abscond either during investigation or trial.

[d] the petitioners 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 petitioners in accordance with law as if the conditions have been imposed and the petitioners 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.

10.01.2024 smv C.V.KARTHIKEYAN, J.

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smv To 1.The Judicial Magistrate, Ambattur.

2.The Inspector of Police, V-7 Nolambur Police Station.

3.The Central Prison, Puzhal - II, Chennai.

4. The Public Prosecutor, High Court of Madras.

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