Saran @ Chinna Saran @ Saranraj v. The State Rep By Its,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 10.02.2025
CORAM
THE HON'BLE MR. JUSTICE SUNDER MOHAN Saran @ Chinna Saran @ Saranraj ... Petitioner Vs.
The Station House Officer Villianur Police Station Pudhucherry State (Crime No.320 of 2024).
... Respondent PRAYER: Criminal Original Petition filed under Section 483 of BNSS, to enlarge the petitioner on bail in Crime No.320 of 2024, on the file of the respondent police.
For Petitioner : Mr.S.Thirugnanam For Respondent : Mr.M.V.Ramachandra Murthy Additional Public Prosecutor (Puducherry)
O R D E R
This Criminal Original Petition has been filed by the petitioner, who was arrested and remanded to judicial custody on 09.10.2024, seeking bail in Crime No.320 of 2024 registered for the offence under Sections 20(b)(ii)(B) of NDPS Act r/w.8(c) of NDPS Act and under Section 77 of Juvenile Justice (Care and Protection of Children) Act 2015 r/w.3(5) of BNS. 2.The case of the prosecution is that on secret information, the 1/4
respondent had arrested the petitioner/A2 and the other accused, who were found to be in possession of 2 kgs of ganja.
3.Learned counsel appearing for the petitioner submitted that the petitioner is an innocent person and he has been falsely implicated in this case. He also submitted that the petitioner is in custody from 09.10.2024 and he is ready to abide by any stringent conditions that may be imposed by this Court. Hence, he prayed for grant of bail to the petitioner.
4.Learned Government Advocate (Crl.Side) appearing for the respondent police, while opposing for grant of bail to the petitioner, reiterated the case of the prosecution. The learned Government Advocate further submitted that the there are five previous cases against the petitioner, in which two cases are under NDPS Act and other cases are for IPC offences. 5.Heard the learned counsel appearing for the petitioner and the learned Government Advocate (Crl. Side) for the respondent Police and perused the materials available on record.
6.Considering the nature of allegation, and the fact that contraband seized from the petitioner is an intermediate quantity and the period of incarceration undergone by the petitioner, this Court finds that further custody of the petitioner is not required. Therefore, this Court is inclined to grant bail to the petitioner with certain conditions.
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7. 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, each for a like sum to the satisfaction of the learned Special Judge, (III Additional Sessions Court), 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 petitioner shall report 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 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 B.N.S.
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SUNDER MOHAN, J.
sai To 1.The Special Judge, (III Additional Sessions Court), Puducherry 2.The Station House Officer Villianur Police Station Pudhucherry State 3.The Superintendent, Central Prison, Kalapet, Puducherry.
4.The Public Prosecutor, High Court of Madras.
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