M.Raghu v. State Rep. By The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 03.01.2025

CORAM

THE HON'BLE MR. JUSTICE A.D.JAGADISH CHANDIRA M. Raghu ... Petitioner Vs.

The State represented by, The Inspector of Police, Kavundampalayam Police Station, Coimbatore City (Crime No.409 of 2024).

... Respondent PRAYER: Criminal Original Petition filed under Section 483 of BNSS, to enlarge the petitioner on bail in Crime No.409 of 2024 pending on the file of the respondent police.

For Petitioner : Mr. B. Vetrivel For Respondent : Mr.Leonard Arul Joseph Selvam Government Advocate (Crl.Side) ****** 1/6

O R D E R

Petition seeking bail in respect of Crime No.409 of 2024 registered for the offences punishable under Sections 8(c), r/w 20(b)(ii)(B), 25 and 29(1) of Narcotic Drugs & Psychotropic Substances Act 1985, is on board for consideration.

2.

The incarceration of the petitioner being from 28.11.2024 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 is innocent and he has not involved in any offence as alleged by the prosecution and a false case has been foisted against him. He further submits that the petitioner, without prejudice to the defence and contention, is ready and willing to deposit a sum of Rs.10,000/- 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 Government Advocate (Criminal Side) appearing for the respondent police 2/6

while opposing for grant of bail to the petitioner is that, based on secret information, the respondent police went to the spot and found that the petitioner along with other accused persons were in illegal possession of 6 kgs. of contra band and they were remanded to judicial custody. He also submits that out of 6 kgs. of contra band, 2 kgs. were recovered from the petitioner herein.

4.

Considering the voluntary submission made by the learned counsel for the petitioner, the petitioner is directed to deposit a sum of Rs.10,000/- (Rupees Ten Thousand only) to the credit of Charu Home for Aged, Account Number : 2771201000291, IFSC Code : CNRB0002771, Canara Bank, Mahila Br., T.Nagar, Chennai - 17, 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 appearing for the petitioner and the learned Government Advocate (Criminal Side) appearing for the respondent police and perused the materials available on record and also considering the period of incarceration undergone by the petitioner, this 3/6

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 shall be blood surety) each for a like sum to the satisfaction of the Special court for EC Act Cases, Coimbatore 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 appear before the respondent police, everyday at 10:30 a.m., 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 4/6

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.

03.01.2025 stn To

1. The Additional District Judge/ Presiding Officer, Special Court for Essential Commodities Act Cases, Coimbatore.

2. The Inspector of Police, Kavundampalayam Police Station, Coimbatore City.

3. The Superintendent, Central Prison, Coimbatore.

4. The Public Prosecutor, High Court of Madras.

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A.D.JAGADISH CHANDIRA.,J.

stn 03.01.2025 6/6