Suryaprakasam v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 31.07.2024 PRESENT The Hon`ble Mr.Justice A.A.NAKKIRAN Suryaprakasam ... Petitioner/2nd Accused Vs The Inspector of Police, Mattuthavani Police Station, Madurai City.

(Crime No.537 of 2024) ... Respondent/Complainant For Petitioner : Mr.S.Poornachandran, Advocate For Respondent : Mr.M.Vaikkam Karunanithi, Government Advocate(Crl.side) PETITION FOR BAIL Under Sec.483 of B.N.S.S. U/s 439 of Cr.P.C. PRAYER :- For Bail in Cr No.537 of 2024 on the file of the respondent Police. ORDER : The Court made the following order :- The petitioner, who was arrested and remanded to judicial custody on 17.07.2024 for the offence punishable under Section 8(c) r/w 20(b)(ii)(B) of the Narcotic Drugs 1/5

and Psychotropic Substances Act in Cr.No.537 of 2024 on the file of the respondent police, seeks bail.

2.The case of the prosecution is that the petitioner and other accused were found in illegal possession of 1.100 kgs of ganja. Hence, the case. 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 this Court already granted bail to the co-accused and hence he may be released on bail.

4.The learned Additional Public Prosecutor would submit that the investigation is yet to be completed.

5.Considering the period of incarceration and also considering that this Court already granted bail to the co-accused, this Court is inclined to grant bail to the petitioner on certain conditions.

6 Accordingly, this Criminal Original Petition is allowed and the petitioner is 2/5

ordered to be released on bail, on 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, Principal Special Court for EC and NDPS Cases, Madurai.

[i] the sureties shall affix their photographs and Left thumb Impression in the surety bond and the Special Court/concerned Court may obtain a copy of their Aadhar card or Bank Pass Book to ensure their identity. [ii]The petitioner shall report before the respondent police daily at 10.30 a.m, until further orders;

[iii] the petitioner shall not tamper with evidence or witness; [iv] the petitioner shall not abscond during trial. [v] On breach of any of the aforesaid conditions, the learned Judicial 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 3/5

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

sd/- 31/07/2024 / TRUE COPY / 01/08/2024 Sub-Assistant Registrar( ) Madurai Bench of Madras High Court, Madurai - 625 023.

GNS TO 1 THE ADDITIONAL DISTRICT JUDGE PRINCIPAL SPECIAL COURT FOR EC AND NDPS CASES, MADURAI. 2 THE INSPECTOR OF POLICE MATTUTHAVANI POLICE STATION, MADURAI CITY 3 THE OFFICER INCHARGE, SUB JAIL, MELUR.

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

+1 CC to M/s.S.POORNACHANDRAN, Advocate ( SR-9249[I] dated 01/08/2024 ) 4/5

ORDER

IN CRL OP(MD) No.12242 of 2024 Date :31/07/2024 SS/SAR- /01/08/2024/5P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5