Allowed

Janarthanan v. the Inspector of Police

Madras HC5 Jun 2023CRL OP/7493/2023

Case brief

AI extract

What is this about?

In a criminal miscellaneous petition for anticipatory bail regarding charges under the NDPS Act, the High Court granted bail on the condition that the petitioner deposit Rs.15,000 with a welfare trust, execute a bond of Rs.10,000, and strictly adhere to conditions including daily reporting to police.

What did the court decide?

Anticipatory bail granted subject to deposit of Rs.15,000 with Satkaarya Trust, bond of Rs.10,000 with sureties, and strict compliance with reporting and conduct conditions.

Janarthanan Vs the Inspector of Police — Narcotics (NDPS) | Madras HC (2023)

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Crl.O.P.No.7493 of 2023

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Crl.O.P.No.7493 of 2023

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A.D.JAGADISH CHANDIRA , J.

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The petitioner who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 8(c), 20(b)(ii)(B) of NDPS Act, in Crime No.86 of 2023, seeks anticipatory bail.

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2.The case of the prosecution is that the petitioner along with four other accused were found to be in possession of 1.150 gms of Ganja and on seeing the police, the petitioner ran away from the scene of occurrence. Hence the complaint.

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3.The learned counsel for the petitioner would submit that the petitioner is an innocent person and he has been falsely implicated in this case. He would further submit that based on the confession statement recorded from the arrested accused, the petitioner has been falsely implicated in this case. Hence, he prays to grant anticipatory bail to the petitioner.

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https://www.mhc.tn.gov.in/judis

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Crl.O.P.No.7493 of 2023

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4.The learned Government Advocate (Crl.side) appearing for the

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respondent would submit that the petitioner along with other accused were found illegal possession of 1.150 gms of ganja. Hence, he opposed for grant of anticipatory bail to the petitioner.

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5. At this juncture, the learned counsel for the petitioner submitted that the petitioner, without prejudice to his defense and contention, is ready and willing to deposit an amount of Rs.15,000/- to any welfare scheme run by the Government. He further stated that the petitioner is ready to abide by any stringent condition that may be imposed on him.

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Hence, he prays for grant of bail to the petitioner.

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Heard both sides and perused the materials available on record.

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Taking into consideration the voluntary submission made by the

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learned counsel for the petitioner, the petitioner is directed to deposit a sum of Rs.15,000/- (Rupees Fifteen Thousand only) to the credit of the

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https://www.mhc.tn.gov.in/judis

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Crl.O.P.No.7493 of 2023

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Satkaarya Trust Orphanage, No.10/46, Periyar Street, Thenpalani Nagar, Kolathur, Chennai – 600 099, ICICI Bank Kilpauk Branch, A/c.No. 027801002323, IFSC Code No. ICIC0000278, without prejudice to his rights and contentions before the trial Court.

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Merely, because the petitioner deposits the said amount, it would not amount to admission of his guilt. Therefore, it is open to the trial Court to deal with the case independently.

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Taking into consideration the facts and circumstances of the case, the submissions made by the counsel on either sides and also taking note of the fact that the petitioner has come forward to deposit an amount of Rs.15,000/- to the Satkaarya Trust Orphanage, No.10/46, Periyar Street, Thenpalani Nagar, Kolathur, Chennai – 600 099, ICICI Bank Kilpauk Branch, A/c.No. 027801002323, IFSC Code No. ICIC0000278 , this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.

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https://www.mhc.tn.gov.in/judis

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Crl.O.P.No.7493 of 2023

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Accordingly, the petitioner is directed to deposit a sum of

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Rs.15,000/- (Rupees Fifteen Thousand only) directly to the Satkaarya Trust Orphanage, No.10/46, Periyar Street, Thenpalani Nagar, Kolathur, Chennai – 600 099, ICICI Bank Kilpauk Branch, A/c.No. 027801002323, IFSC Code No. ICIC0000278, and on such deposit and on receipt of proof of payment, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, within a period of fifteen days from the date on which the order copy made ready, before the learned Judicial Magistrate II, Kanchipuram, on condition that the petitioner shall execute a bond for a sum of Rs.10,000/- (Rupees Ten

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Thousand only) with two sureties, in which, one surety should be either mother or father of the petitioner, each for a like sum to the satisfaction of the respondent police or the police officer who intends to arrest or to the satisfaction of the learned Magistrate concerned, failing which, the petition for anticipatory bail shall stand dismissed and on further condition that:

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[a] the petitioner and the sureties shall affix their photographs and Left Thumb

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https://www.mhc.tn.gov.in/judis

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Crl.O.P.No.7493 of 2023

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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 shall deposit a sum of Rs.15,000/- (Rupees Fifteen Thousand only) directly to the Satkaarya Trust Orphanage, No.10/46, Periyar Street, Thenpalani Nagar, Kolathur, Chennai – 600 099, ICICI Bank Kilpauk Branch, A/c.No. 027801002323, IFSC Code No. ICIC0000278, to enable the Dean to use the aforesaid amount for the purpose of treating the alcohol influenced patients.

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[c] the petitioner shall report before the respondent police everyday at 10.30 a.m., until further orders.

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[d] the petitioner shall not tamper with evidence or witness either during investigation or trial.

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[e] the petitioner shall not abscond either during investigation or trial.

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https://www.mhc.tn.gov.in/judis

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Crl.O.P.No.7493 of 2023

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[f] 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].

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[g] If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.

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05.06.2023

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jas

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A.D.JAGADISH CHANDIRA, J.

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https://www.mhc.tn.gov.in/judis

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Crl.O.P.No.7493 of 2023

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jas

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Crl.O.P.No.7493 of 2023

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05.06.2023

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https://www.mhc.tn.gov.in/judis

Janarthanan v. the Inspector of Police

Case brief

What is this about?

What did the court decide?

Janarthanan v. the Inspector of Police

Case brief

What is this about?

What did the court decide?

What the court decided

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Statutes considered

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