Sakthivel @ Rama v. The State Of Tamilnadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 23.01.2025
CORAM:
THE HON'BLE MRS.JUSTICE T.V.THAMILSELVI CRL.OP No. 16 of 2025 Sakthivel @ Rama
...Petitioner
Vs.
The State Rep. by The Inspector of Police E4, Kattur Police Station, Chennai.Crime No. 621 of 2023
...Respondent
PRAYER : This petition has been filed under Section 483 of BNSS, 2023, pleased to enlarge the petitioner on bail in C.C No. 103 of 2024 in crime No. 621 of 2023, pending on the file of the Special Judge, Principal Special Court for Exclusive Trial of Cases under NDPS Act, Chennai. For Petitioner : Mr.M.Manimaran For Respondent : Mr. V. Meganathan, Government Advocate (Crl. side)
ORDER
The petitioner, who was arrested and remanded to judicial custody on 24.11.2023 for the alleged offences punishable under Sections 8 (c ) , 22(c ), NDPS Act 1985 in crime No. 621 of 2023 on the file of the respondent, seeks bail.
2. The case of the prosecution is that the respondent police found the accused persons with possession of 10 grams of Methaphetamine. Hence, the case.
3. Heard both sides.
4. The submission of the learned counsel for the petitioner is that the the petitioner has been falsely implicated in this case and ranked as A3 among the other accused persons and he is under the custody for the past 13 months.
5. The submission of the learned Government Advocate (Crl.side) is out of 54 grams of methaphetamine, 24 grams was recovered from this petitioner and also the petitioner is having 5 previous cases including 302 cases. Hence he raised objection to grant bail.
6. Heard the learned counsel for the petitioner and the learned Government Advocate (Criminal Side) for the respondent Police and perused the materials available on record, and taking note of the fact that the investigation is completed and the charge sheet has been filed and also taking into consideration the judgements of the Hon'ble Supreme Court in case of Ankur Chaudhary vs.
State of Madhya Pradesh, wherein the Hon'ble Supreme Court held that " it is to observe that failure to conclude the trial within a reasonable time resulting in prolonged incarceration militates against the precious fundamental right guaranteed under Article 21 of the Constitution of India, and as such, conditional liberty overriding the statutory embargo created under Section 37(1)(b) of the NDPS Act may, in such circumstances, be considered' and the dictum laid down in the case in Rabi Prakash vs. State of Odisha reported in 2023 SCC Online SC1109 that " The Prolonged incarceration, general militates against the most precious fundamental right guaranteed under Article 21 of the Constitution and in such a situation, the conditional liberty must override the statutory embargo created under Section 37(1)(b) of the NDPS Act.
Further, the coaccused has been released on bail and there is no NDPS case pending against the petitioner and availed with bail in other cases.
seized from the petitioner is intermediate quantity. Hence, this Court is inclined to grant bail to the petitioner with the the following conditions.
7. Accordingly, the petitioner is ordered to be released on bail on his executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties ( one blood surety and one local surety), each for a like sum to the satisfaction of the learned JM II, Ponneri, 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 Trial Court daily at 10.30 a.m, for a period of four months and shall cooperate for the Trial.
[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 abscond, a fresh FIR can be registered under Section 269 of BNS.
23.01.2025 pbl To
1. The JM II, Ponneri, Chennai.
2. The Inspector of Police E4, Kattur Police Station, Chennai.
3. The Central Prison, Chennai.
4. The Public Prosecutor, High Court of Madras.
T.V.THAMILSELVI, J.
pbl
CRL.OP No. 16 of 2025 23.01.2025