Surya Alias Sunami Surya v. The Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 17.12.2024

CORAM:

THE HON'BLE MR.JUSTICE A.D.JAGADISH CHANDIRA Surya @ Sunami Surya ... Petitioner

Versus

The Inspector of Police, P-3, Vyasarpadi Police Station, Chennai.

... Respondent PRAYER: Criminal Original Petition filed under Section 483 of BNSS, to enlarge the petitioner on bail in Crime No.499 of 2024 in U/s.8(c), 20(b)(ii)(B), 29(1) of NDPS Act on the file of the respondent. For Petitioner :

Mr.S.Senthil Kumar For Respondent :

Mr.Leonard Arul Joseph Selvam Government Advocate (Crl. Side)

ORDER

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Petition seeking bail in respect of Crime No.499 of 2024 registered for the offences punishable under Sections 8(c), 20(b)(ii)(B) & 29(1) of Narcotic Drugs and Psychotropic Substances Act, 1985 is on board for consideration.

2.The incarceration of the petitioner being from 11.11.2024 pleading innocence on the part of the petitioner and false implication in the case, the learned counsel for the petitioner seeks indulgence of this Court. He also submits that the petitioner has been implicated in this case since he has eleven previous cases. He further submits that the petitioner, without prejudice to the defence and contention, is ready and willing to deposit a sum of Rs.5,000/- to any welfare scheme of the Government or any other organization. He also submits that the petitioner 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 Page No.2 of 6

Government Advocate (Criminal Side) appearing for the respondent Police, opposing for grant of bail, is that the petitioner along with other accused had entered into a conspiracy for illicit transportation and sale of ganja and in pursuant to the said conspiracy, totally 3.500 kilograms of ganja was seized from the petitioner/A1 and A2. He further submits that the petitioner has eleven previous cases under IPC. 4.Considering the voluntary submission made by the learned counsel for the petitioner, the petitioner is directed to deposit a sum of Rs.5,000/- (Rupees Five Thousand only) to the credit of the Rehoboth - Home for Mentally Challenged Homeless Women, No.22, Viswas Nagar, Koluthuvancherri, Paraniaputhur, Chennai (Punjab National Bank, Moulivakkam Branch, Account No.05812010015060, IFSC Code: PUNB0058110, MICR Code: 600024081), without prejudice to the right of defence before the Trial Court and making it clear that it would not amount to admission of guilt.

5.Further, having heard the learned counsel for the petitioner and Page No.3 of 6

the learned Government Advocate (Criminal Side) for the respondent Police and perused the materials available on record and also 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 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 learned X Metropolitan Magistrate at 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 Page No.4 of 6

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 269 of B.N.S. 17.12.2024 vv2 To 1.The X Metropolitan Magistrate, Egmore, Chennai.

2.The Inspector of Police, P-3, Vyasarpadi Police Station, Chennai.

A.D.JAGADISH CHANDIRA, J.

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vv2 3.The Superintendent, Central Prison-II, Puzhal, Chennai.

4.The Public Prosecutor, High Court of Madras.

Crl.O.P.No.31479 of 2024 17.12.2024 Page No.6 of 6