Radha Krishnan And Others Vs Inspector Of Police

Madras High Court 30 Apr 2024 Criminal Original Petition No. No.10776 Of 2024 (2024) 04 MAD CK 0239
Bench: Single Bench
Acts Referenced

Judgement Snapshot

Case Number

Criminal Original Petition No. No.10776 Of 2024

Hon'ble Bench

T.V.Thamilselvi, J

Advocates

Vinoth R, V. Meganathan

Acts Referred
  • Narcotic Drugs And Psychotropic Substances Act, 1985 - Section 8 (c), 8 (c)
  • Indian Penal Code, 1860 - Section 294(b), 353, 506(1)
  • Indian Penal Code, 1860 - Section 229A

Judgement Text

Translate:

T.V.Thamilselvi, J

1. The petitioner, who was arrested and remanded to judicial custody on 19.02.2024 for the alleged offences punishable under Sections 8 (c ) r/w 20(b) (ii) (A ) of (NDPS) Act 1985 and Sections 294(b) 353, 506(1) IPC in crime No. 62 of 2024 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that the accused persons were found to be illegal possession of 20 grams of Ganja. Hence the case.

3. The learned counsel for the petitioner submits that the petitioner has been falsely implicated in this case. Learned counsel prays to grant bail to the petitioner.

4. On the other side, the learned Government Advocate (Crl. side) submits that the accused persons were found to be illegal possession of 20 grams of Ganja .

5. Considering the period of incarceration undergone by the petitioner and also the contraband recovered from the petitioners in intermediate quantity. Hence, this Court is inclined to grant bail to the petitioners.

6. Accordingly, the petitioners are 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 ( one must be a blood surety), each for a like sum to the satisfaction of the learned XIV Metropolitan Magistrate, Egmore, Chennai, 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 petitioners shall report before the respondent police on alternative days at 10.30 a.m., for a period of four months and thereafter as and when required for interrogation.

[c] the petitioners shall not abscond either during investigation or trial;

[d] the petitioners 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 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 abscond, a fresh FIR can be registered under Section 229A IPC.

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