Allowed

Angadi Chetty Siva v. the State of Tamil Nadu

Madras HC20 Apr 2022CRL OP/8571/2022

Case brief

AI extract

What is this about?

In a bail petition under Section 439 Cr.P.C., the High Court acquitted the petitioner of bail following the trial court in an NDPS case involving possession of 20kg of ganja. The court imposed a bond of Rs. 1 lakh with sureties and directed reporting to the trial court.

What did the court decide?

Petitioner released on bail subject to bond of Rs. 1 lakh, property bonds, monthly reporting, and no tampering with evidence.

Angadi Chetty Siva Vs the State of Tamil Nadu — Narcotics (NDPS) | Madras HC (2022)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 20.04.2022

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CORAM:

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THE HON'BLE Dr. JUSTICE G.JAYACHANDRAN

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Crl.O.P.No.8571 of 2022

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Angadi Setti Siva .. Petitioner

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Vs.

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The State of Tamil Nadu, .. Respondent Rep. by the Inspector of Police, F-5 Pathirvedu Police Station, Thiruvallur District. (Crime No.44/2021)

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PRAYER : Criminal Original Petition has been filed under Section 439 of Cr.P.C praying to direct the release of petitioner on bail pending trial in C.C.No.130 of 2021 on the file of I Additional Special Court for Exclusive Trial of Cases Under NDPS ACT Chennai.

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For Petitioner : Mr.C.K.M.Appaji

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For Respondent : Mrs.G.V.Kasthuri Additional Public Prosecutor

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ORDER

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The petitioner who was arrested on 04.03.2021 for the offences punishable under Sections 8(c), 20(b)(ii) (C) & 29(1) of Narcotic Drugs & Psychotropic Substances Act, 1985 , in Crime No.44 of 2021, on the file of the respondent police, seeks bail.

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The petitioner herein alleged to have been found in possession of 20 Kilograms of ganja along with co-accused and was arrested on 04.03.2021, while he was transporting it from Andhra Pradesh to Tamil Nadu near Bommachikulam Tollgate.

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The learned Additional Public Prosecutor submits that the petitioner was found in possession of 20 kilograms of ganja which is a commercial quantity, since there is evidence to prove the guilt of the petitioner, the embargo under Section 37 of IPC is attracted and hence the bail should not be granted to the petitioner. Furthermore the petitioner hails from Vishakapatnam and if the bail is granted, the risk of abscondence is high. The investigation is completed and the matter is posted for framing of charges.

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https://hcservices.ecourts.gov.in/hcservices/

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Considering the fact that the alleged contraband was recovered from A1 and this petitioner was accompanying with A1 and the petitioner has already been in prison for more than an year, this Court is inclined to grant bail to the petitioner. Accordingly, the petitioner is ordered to be released on bail subject to the following conditions;

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(a) the petitioner shall execute a bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) with two sureties, where one shall be from the local surety and one shall be blood related surety, each for a like sum to the satisfaction of the learned I Additional Special Court for Exclusive Trial of Cases under NDPS ACT Chennai.

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(b) the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the learned Magistrate may obtain a copy of their Aadhar Card or Bank Pass Book to ensure their identity;

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(c) the petitioner is directed to report before the trial Court on every 1^st working day of the English Calendar Month and also on all hearing dates;

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(d) the petitioner shall not tamper with evidence or witness either during investigation or trial;

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(e) 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 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];

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(f) if the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.

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-sd/-

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This order, on being produced, be punctually observed and carried into execution by all concerned

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TRUE COPY

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Sub-Assistant Registrar (Statistics/C.S.) High Court, Madras - 600 104.

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https://hcservices.ecourts.gov.in/hcservices/