Parthiban v. The State

Crl.O.P.No.29150 of 2024IN THE HIGH COURT OF JUDICATURE AT MADRASDATED : 21.11.2024CORAM THE HON'BLE MR. JUSTICE A.D.JAGADISH CHANDIRACrl.O.P.No.29150 of 2024 Parthiban... PetitionerVs.The State represented by, The Inspector of Police,M-6, Manali Police Station. (Crime No.406 of 2024). ... RespondentPRAYER: Criminal Original Petition filed under Section 483 of BNSS Act, pleased to enlarge the petitioner on bail, in connection with the Crime No.406 of 2024, pending investigation on the file of the Respondent Police. For Petitioner : Mr.D.Manoj KumarFor Respondent : Mr.Leonard Arul Joseph Selvam Government Advocate (Crl. Side)

O R D E RThis Petition has been filed by the petitioner, who was arrested and remanded to judicial custody on 26.09.2024, seeking bail in Crime No.406 of 2024 registered for the offence under Sections 8(C) r/w. 20(b)(ii)(B) & 29(i) of NDPS Act.1/6 https://www.mhc.tn.gov.in/judis Crl.O.P.No.29150 of 20242. The case of the prosecution is that, petitioner along with other accused were found in illegal possession of 3Kg 100 grams of ganja. Hence, the case.3. Learned counsel appearing for the petitioner submitted that the petitioner is an innocent person and he has been falsely implicated in this case. He further submitted that the petitioner is in custody from 26.09.2024 and he is also ready to abide by any stringent conditions that may be imposed by this Court. Hence, he prayed for grant of bail to the petitioner. 4. Learned Government Advocate (Crl. Side) appearing for the respondent police while opposing for grant of bail to the petitioner, would submit that, petitioner along with other accused was found in possession of 3Kg 100 grams of ganja.

He would further submit that the petitioner has 9 previous case.5. Heard the learned counsel appearing for the petitioner, the learned Government Advocate (Crl. Side) appearing for the respondent Police and perused the materials available on record.2/6 https://www.mhc.tn.gov.in/judis Crl.O.P.No.29150 of 20246. Taking into consideration the above facts and circumstances of the case, the submissions made by the learned counsel on either side and also considering the period of incarceration undergone by the petitioner, this Court is inclined to grant bail to the petitioner with certain conditions.7. Accordingly, the petitioner is ordered to be released on bail on his executing a bond for a sum of Rs.15,000/- (Rupees Fifteen Thousand only) with two sureties, each for a like sum to the satisfaction of the Principal Special Court under EC & NDPS Act at 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 petitioner shall report before the respondent police daily evening at 6.30 p.m, 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, 3/6 https://www.mhc.tn.gov.in/judis Crl.O.P.No.29150 of 2024the 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];[f] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S.21.11.2024dsn4/6 https://www.mhc.tn.gov.in/judis Crl.O.P.No.29150 of 2024To1. The Principal Special Court under EC & NDPS Act, Chennai.

The Inspector of Police, M-6, Manali Police Station.

The Superintendent, Central Prison, Puzhal.

The Public Prosecutor, High Court of Madras.5/6 https://www.mhc.tn.gov.in/judis Crl.O.P.No.29150 of 2024A.D.JAGADISH CHANDIRA.,J.dsn Crl.O.P.No.29150 of 202421.11.20246/6