Abinesh v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 08/07/2021 PRESENT The Hon`ble Mr.Justice G.CHANDRASEKHARAN Abinesh ... Petitioner/Accused No.2 Vs State Rep.by The Inspector of Police, Tamil University Police Station, Thanjavur, Thanjavur District.

Crime No.550 of 2021.

... Respondent/Complainant For Petitioner : Mr.S.Gokulraj, Advocate.

For Respondent : Mr.E.Antony Sahaya Prabahar, Additional Public Prosecutor PETITION FOR BAIL Under Sec.439 of Cr.P.C.

PRAYER :- For Bail in Crime No.550 of 2021 on the file of the Respondent Police.

ORDER : The Court made the following order :- The petitioner/A2, who was arrested on 19.06.2021 for the offences punishable under Sections 8(C) and 20(b)(ii)(B) of NDPS Act in Crime No.550 of 2021 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that on 19.05.2021 when the respondent police was on their usual rounds near EB office they found three persons in a suspicious manner. On enquiry they revealed their names as Manikandan, Abinesh and another Manikandan and told that they are having ganja and some money by selling the said ganja. The respondent police introduced themselves to the accused persons and informed them about the right to be searched in the presence of the Judicial Magistrate or Gazetted Officer. The accused persons have expressed their willingness to be searched by the police party themselves. During search the police found the petitioner was in possession of 1.500kgs of ganja . The total contraband possessed by 1/3

all the accused comes around 4.650Kgs, therefore the case came to be registered.

3.The learned counsel for the petitioner would submit that the petitioner is innocent and he has been falsely implicated in this case. He would further submit that the petitioner is in judicial custody from 19.06.2021, hence he seeks bail.

4. The learned Additional Public Prosecutor appearing for the respondent opposed the bail petition on the ground that the investigation is not yet completed. He would further submit that no previous case of similar nature is pending against the petitioner.

5. Taking note of the fact and circumstances of the case and also the fact that the contraband possessed by the petitioner is the intermediate quantity and the fact that the petitioner is in judicial custody from 19.06.2021 and the fact that no previous case of similar nature is pending against the petitioner, this Court is inclined to grant bail to the petitioner

6. 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, each for a like sum to the satisfaction of the learned Additional District Judge/ Presiding Officer/, Special Court under Essential Commodities Act, Thanjavur and on further condition 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 daily at 10.30 am., 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]. 2/3

[f] If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.

sd/- 08/07/2021 / TRUE COPY / / /2021 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

TO 1 THE ADDITIONAL DISTRICT JUDGE/ PRESIDING OFFICER/, SPECIAL COURT UNDER ESSENTIAL COMMODITIES ACT, THANJAVUR.

2 THE INSPECTOR OF POLICE, TAMIL UNIVERSITY POLICE STATION, THANJAVUR, THANJAVUR DISTRICT.

3 THE OFFICER INCHARGE, DISTRICT PRISON, PUDUKOTTAI.

4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1 CC to M/s.S.GOKUL RAJ, Advocate ( SR-4428[I] dated 08/07/2021 )

ORDER

IN CRL OP(MD) No.9032 of 2021 Date :08/07/2021 AAV MS/VR/SAR-1/08.07.2021/3P.6C 3/3