G.Abdul Rahman v. The State Of Tamilnadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 04.12.2024 PRESENT The Hon`ble Mr.Justice N.ANAND VENKATESH CRL OP(MD). Nos.19406, 20035, 20037 and 20039 of 2024 G.Abdul Rahman ... Petitioner / Accused Rank not known M.Abilash Varma @ Rudraraju Sai Abhilash Varma ... Petitioner / Accused Rank not known (in Crl.OP(MD).No.20035 of 2024) Suhash ... Petitioner / Accused Rank not known (in Crl.OP(MD).No.20037 of 2024) Chellayya @ Batchala Chellaiyya ... Petitioner / Accused Rank not known (in Crl.OP(MD).No.20039 of 2024) Vs The State of Tamil Nadu represented by the Inspector of Police, Kundrakudi Police Station, Sivagangai District.
(Crime No.112 of 2024) ... Respondent / Complainant (in all cases) 1/6
For Petitioner : Mr.K.Khari Kharadas, Advocate For Petitioner : Mr.A.Ananda Raj, Advocate (in Crl.OP(MD).Nos.20035, 20037 and 20039 of 2024) For Respondent : Mr.S.Ravi, Advocate (in all cases) Additional Public Prosecutor PETITIONS FOR BAIL Under Sec.483 of BNSS,2023. COMMON PRAYER :- For Bail in Crime No. 112 of 2024 on the file of the respondent Police. COMMON ORDER : The Court made the following order :- The petitioners / Accused, who were arrested and remanded to judicial custody on 10.07.2024 for the alleged offences under Sections 20(b)(ii)(c), 29(1) and 25 of NDPS Act and Section 111 of BNS Act, in Crime No.112 of 2024, on the file of the respondent police, seek bail.
2. The case of the prosecution is that the Sub-Inspector of Police received an information on 07.07.2024 at about 13.00 hrs. Based on the same, the police team reached the spot. They found a car with Andra Pradesh registration number and 5 2/6
persons were seated in that car. These persons were coming in that car to transfer ganja to other accused persons. On seeing the police, they left the contraband and escaped in the car. The persons, who were travelling in the car, are A5 to A9. A10 and A11 are said to have travelled in a different car and they were piloting the car in which A5 to A9 were travelled. Ultimately, the car, in which A5 to A9 were travelling, was intercepted and all of them were arrested and they were also found in possession of 2 kgs of ganja. In the place where they had dropped the contraband, the police were able to seize 122 kgs of ganja. There are totally 21 accused persons in this case and the petitioners have been arrayed as A10, A5, A6 and A8 respectively.
3. Heard the learned counsel on either side and perused the material records of the case.
4. It is seen that A5, A6 and A8 belong to Andra Pradesh and they were identified by the police when they were travelling in a car in which they had transported 122 kgs of ganja. It was brought to the notice of this Court that all the call details are now being collected and the investigation is in crucial stage. Considering the quantity involved and the fact that A5, A6 and A8 belong to Andra Pradesh and they were travelling in a car which was registered in Andra Pradesh, this Court is not 3/6
inclined to grant bail to A5, A6 and A8 and accordingly, Crl.OP(MD).Nos.20035, 20037 and 20039 of 2024 are dismissed.
5. The petitioner in Crl.OP(MD).No.19406 of 2024 has been arrayed as A10. He is said to be residing in Chennai and he was the one who was piloting the other accused persons who were travelling in a different car. There is no recovery from this petitioner. This petitioner has suffered incarceration from 10.07.2024 and there is one previous case against this petitioner. Hence, this Court is inclined to grant bail to the petitioner in Crl.OP(MD).No.19406 of 2024 subject to the following conditions:
6. Accordingly, the petitioner in Crl.OP(MD).No.19406 of 2024 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 Sessions / Presiding Officer Special Court for EC and NDPS Cases, Pudukkottai, 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.
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[b] the petitioner in Crl.OP(MD).No.19406 of 2024 shall report before the respondent police daily at 10.30 a.m. until further orders. [c] the petitioners shall not tamper with evidence or witness either during investigation or trial.
[d] the petitioners 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 petitioners 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 BNS, 2023.
sd/- 04/12/2024 / TRUE COPY / 04/12/2024 Sub-Assistant Registrar (CS-I ) Madurai Bench of Madras High Court, Madurai - 625 023. '
pal TO 1.The Additional District Sessions / Presiding Officer Special Court for EC and NDPS Cases, Pudukkottai. 5/6
2.The Officer-in-Charge, District Prison, Pudukkottai. 3.The Inspector of Police, Kundrakudi Police Station, Sivagangai District. 4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. +1 CC to M/s.K.KHARIKHARADAS, Advocate ( SR-14923[I] dated 04/12/2024 )
ORDER
IN CRL OP(MD). Nos.19406, 20035, 20037 and 20039 of 2024 Date :04/12/2024 RK/ (04/12/2024) 6P / 6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 6/6