The High Court of Madras granted bail to the petitioner, Michel, arrested for illegal possession of ganja under the NDPS Act. Release is subject to appearance bonds, daily reporting, and strict conduct conditions.
Petitioner released on bail on executing a bond of Rs. 25,000 with two sureties and fulfilling specific reporting and conduct conditions.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Crl.OP.No.26013 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 08.11.2022
CORAM
THE HON'BLE MR. JUSTICE M. NIRMAL KUMAR
Crl.OP.No.26013 of 2022
Michel
... Petitioner
Vs.
The Inspector of Police, T-17, Perumbakkam Police Station, Chennai. Crime No.212 of 2022
... Respondent
PRAYER: Criminal Original Petition filed under Section 439 of Cr.P.C., pleased to release the petitioner on bail in respect Crime No. 212 of 2022 on the file of the Inspector of Police, T-17, Perumbakkam Police Station, Chennai.
For Petitioner : Mr.S.Lokesh
For Respondent : Mr.C.E.Pratap,
Government Advocate (crl.side),
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O R D E R
The petitioner, who was arrested and remanded to judicial custody
on 17.09.2022 for the offences punishable under Sections 8(c) r/w 20(b) (ii)
(B) of NDPS Act, 1985 in Crime No.212 of 2022 on the file of respondent police, seeks bail.
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recovered from the petitioner's residence and it has been sent for the chemical analysis and awaiting for FSL report. He would submit that in this case, investigation is completed and the charge sheet to be filed shortly. Hence, he vehemently opposed to grant bail to the petitioner.
available on record including the First Information Report.
by the petitioner from 17.09.2022, this Court is inclined to grant bail to the petitioner with certain conditions.
his executing a bond for a sum of Rs.25,000/- (Rupees Twenty Five thousand only) with two sureties, each for a like sum to the satisfaction of
the learned Judicial Magistrate No.II, Alandoor, Chennai and on further conditions that:
[a] the sureties shall affix their photographs and
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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 a.m., for a period of two weeks and thereafter as and when required;
[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, 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];
[f] If the accused thereafter abscond, a fresh FIR can be registered under Section 229A IPC.
08.11.2022
shk
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To
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M. NIRMAL KUMAR,J.
shk
Crl.O.P.No.26013 of 2022
08.11.2022
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2 issues framed by the court
Whether to grant bail to the petitioner charged with offences under the NDPS Act.
What conditions should be imposed to secure the petitioner's release on bail.
Colour shows how this judgement treated each authority
P.K.Shaji vs. State of KeralaReferred¶45
P.K.Shaji vs. State of Kerala [(2005)AIR SCW 5560] · Who else cites this
1 provisions across 1 enactments
Michel
The Inspector of Police, T-17, Perumbakkam Police Station, Chennai
M. Nirmal Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
M. Nirmal Kumar
Parties & counsel
