The High Court granted bail to the petitioner under Section 389(1) of Cr.P.C. to suspend his sentence imposed for NDPS offenses, considering his long incarceration and the fact that a co-accident had obtained similar relief. Conditions included serving out first working day of every month.
Release on bail with sureties and monthly surrender 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.M.P.No.7233 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 11.06.2024
CORAM:
THE HON'BLE MR.JUSTICE M.DHANDAPANI
Crl.M.P.No.7233 of 2024 in Crl.A.No.488 of 2024
Raghuraman
...Petitioner
Vs.
Union represented by: The Intelligence Officer, Narcotics Control Bureau, Chennai Zonal Unit, Chennai. ...Respondent
Prayer : Miscellaneous Petition has been filed under Section 389(1) of Cr.P.C., to suspend the sentence imposed on the petitioner by Judgment dated 03.08.2022 passed by the learned Special Judge, I Additional Special Court for Exclusive Trial of Cases under NDPS Act, Chennai in C.C.No.7 of 2019 and to enlarge the petitioner on bail.
For Petitioner : Mr.I.Syed Sibghatulla For Respondent : Mr.N.P.Kumar Special Public Prosecutor (NDPS)
ORDER
This Criminal Miscellaneous petition has been filed to suspend the
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sentence of imprisonment imposed on the petitioner herein in C.C.No.7 of 2019 dated 03.08.2022 on the file of the learned Special Judge, I Additional Special Court for Exclusive Trial of Cases under NDPS Act, Chennai.
3.The case of the prosecution is that the petitioner had been remanded to judicial custody for possession of 150 kgs of Ganja.
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of Cr.P.C on 21.06.2023 in Crl.M.P.No.2332 of 2023 . Hence, he prays
for grant of bail to the petitioner.
Special Public Prosecutor (NDPS) for the respondent.
the relief on same terms and this Court is inclined to grant bail to the petitioner on the following conditions:
(i). the petitioner is ordered to be released on bail on 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 Special Judge, I Additional Special Court for Exclusive Trial of Cases under NDPS Act, Chennai.
[ii] the petitioner and the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the Magistrate may obtain a copy of
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their Aadhar card or Bank pass Book to ensure their identity.
[iii] the petitioner shall surrender before the trial court on every first working day of every month at 10.30.a.m., until further orders.
[iv] the petitioner shall pay the fine amount imposed by the trial court within a period of one month from the date of receipt of a copy of this order.
11.06.2024
msv Note to office: Issue order copy on 12.06.2024 Index : Yes/No Speaking Order : Yes/No NCC : Yes/No To
4.The Public Prosecutor,
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Crl.M.P.No.7233 of 2024
High Court of Madras, Chennai – 600 104.
M.DHANDAPANI, J.
msv
Crl.M.P.No.7233 of 2024 in Crl.A.No.488 of 2024
11.06.2024
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1 issue framed by the court
Whether bail should be granted to the petitioner under Section 389(1) of Cr.P.C. to suspend the sentence.
2 provisions across 2 enactments
Raghuraman
Union
M.DHANDAPANI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
