R.Ptr @ Palavelrajan v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 07/06/2023 PRESENT The Hon`ble Mr.Justice G.K.ILANTHIRAIYAN R.PTR @ Palanivelrajan, ... Petitioner/Accused 6 Vs The State rep.by The Inspector of Police, Mathichayam Police Station, Madurai City.

(In Crime No.137 of 2021).

... Respondent/Complainant For Petitioner : Mr.M.SUBASH BABU Senior Counsel for Mr.K.SATHISHKUMAR, Advocate.

For Respondent : Mr.T.SENTHIL KUMAR, Additional Public Prosecutor PETITION FOR BAIL Under Sec.439 of Cr.P.C.

PRAYER :- For Bail in Crime No.137 of 2021 on the file of the Respondent Police.

ORDER : The Court made the following order :- The petitioner/A6, who was arrested on 30.04.2021 for the offences punishable under Sections 8(c) r/w 20(b)(ii)(C) and 29(1) of NDPS Act, 1985, in Crime No.137 of 2021, on the file of the respondent Police, seeks bail.

2.The case of the prosecution is that on 14.04.2021 at about 09.15 am, on receiving secret information, the respondent Police went to Vaigai Vadakarai Road, old debris building Mathina Mosques at about 10.15 am, they had seen some persons standing near the said building and after search, the respondent Police party found the accused Nos.1 and 2 were in possession of 30 kgs of Gangja. Hence, the complaint.

3.It is the further case of the prosecution that on the basis of the confession taken from the accused Nos.1 and 2, A3 to A5, including the petitioner herein were added as accused and the petitioner was arrested on 30.04.2021.

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4.The petitioner's case is that there is no specific overt act as against the petitioner in the FIR, that he is innocent and that he was falsely implicated in the above case.

5.The learned counsel for the petitioner would submit that there is no recovery from the petitioner and the said contraband was alleged to have recovered only from the accused Nos.1 and 2 and that the petitioner was implicated only on the basis of the confession alleged to have taken from the co-accused.

6.The learned counsel for the petitioner would further submit that the contraband allegedly seized is not Ganja and it is only the broken pieces of dry cow dung and also the quantity mentioned in the FIR is not exact and that since the petitioner was no way connected with the case and as no such occurrence had happened, he was falsely implicated.

7.The learned Additional Public Prosecutor appearing for the respondent would submit that the petitioner had actively participated in the transportation, storing and selling of commercial quantity of Ganja, that he was regularly involved in Ganja trading offences for high profit along with other accused, that they have peen procuring Ganja from Andhara Pradesh and have big nexus as evident from the confession statement and that the petitioner is having one previous case for similar offence. 8.Admittedly, there was no recovery from the petitioner. As already pointed out, the petitioner was implicated only on the basis of the confession statement alleged to have taken from the accused Nos.1 and 2.

9.As rightly contended by the learned counsel for the petitioner, except the confession statement of the co-accused, the respondent has neither produced nor shown any material or evidence to connect the petitioner with the crime in question. 10.Heard. Perused the materials available on record including the First Information Report.

11.It is seen from the records that this is the petitioner's third application for bail and the earlier bail applications filed by the petitioner were dismissed by this Court. It is also seen that on an earlier occasion, this Court has granted interim bail to the petitioner till 25.05.2023 at 05.00 p.m, on the ground that the petitioner's sister's daughter's marriage was held on 24.05.2023. Thereafter, the petitioner has surrendered before the Superintendent of Central Prison, Madurai on 25.05.2023. Now, the investigation has been completed and the charge sheet has already been filed before the concerned Court and the case is posted on 12.06.2023 for examination of Investigation Officer.

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12.Considering the facts and circumstances of the case and also the fact that except the confession statement of the co-accused, there is no other material to link the petitioner with the alleged offence, this Court is satisfied that there are reasonable grounds for believing that the petitioner is not guilty of such offence and that he is not likely to commit any such offence, after coming out on bail, as contemplated under Section 37 of NDPS Act and that therefore, this Court is inclined to grant bail to the petitioner subject to the following conditions.

13.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 Principal Special Court for EC and NDPS Act Cases, Madurai.

(a)the petitioner and 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 and 05.30 p.m., until further orders; (c)the petitioner shall not tamper with evidence or witness either during investigation or trial;

(d)the petitioner shall not abscond 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]; and;

(f)if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.

sd/- 07/06/2023 / TRUE COPY / 07/06/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

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SJI TO 1 THE PRINCIPAL SPECIAL JUDGE FOR EC & NDPS ACT CASES, MADURAI.

2 THE SUPERINTENDENT, CENTRAL PRISON, MADURAI.

3 THE INSPECTOR OF POLICE, MATHICHAYAM POLICE STATION, MADURAI CITY.

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

+1. CC to M/S.SATHISHKUMAR K Advocate SR.No.8215

ORDER

IN CRL OP(MD) No.9263 of 2023 Date :07/06/2023 SA/SSS/SAR. /07.06.2023/4P/6C 4/4