Disposed

Suresh @ Kalai Suresh v. the State Rep by

Madras HC2 Feb 2024CRL OP/1170/2024

Case brief

AI extract

What is this about?

Petitioner arrested for possessing Tydol and Nitravet tablets in intermediate quantity under the NDPS Act sought bail. Investigation was nearly complete with only the forensic report pending. The court granted bail on a bond with two sureties, daily police reporting and standard conditions.

What did the court decide?

Bail granted on bond of Rs.10,000 with two sureties, subject to conditions including daily reporting at 10.30 a.m.

Suresh @ Kalai Suresh Vs the State Rep by — Narcotics (NDPS) | Madras HC (2024)

¶1

Crl.O.P.No.1170 of 2024

¶2

IN THE HIGH COURT OF JUDICATURE AT MADRAS

¶3

DATED : 02.02.2024

¶4

CORAM

¶5

THE HON'BLE MR. JUSTICE C.V.KARTHIKEYAN

¶6

Crl.O.P.No.1170 of 2024

¶7

Suresh @ Kalai Suresh

¶8

... Petitioner

¶9

Vs.

¶10

The State represented by The Inspector of Police, E-3, Teynampet Police Station, Chennai. Crime No.319 of 2023 ... Respondent

¶11

PRAYER: Criminal Original Petition filed under Section 439 of Cr.P.C., prayed to enlarge the petitioner on bail in Crime No.319 of 2023 on the file of the respondent Police.

¶12

For Petitioner : Mr.P.Surendran

¶13

For Respondent : Mr.L.Baskaran Government Advocate (Crl. Side)

¶14

ORDER

¶15

The petitioner who was arrested and remanded to judicial custody

¶16

on 16.12.2023 for the offences registered under Sections 8(c), 22(b) and

¶17

https://www.mhc.tn.gov.in/judis 1/4

¶18

Crl.O.P.No.1170 of 2024

¶19

29(1) of NDPS Act, in Crime No.319 of 2023, on the file of the respondent Police, seeks bail.

¶20

2.The case of the prosecution is that the petitioner was found in illegal possession of 490 numbers of Tydol tablets and 270 numbers of Nitravet-10 tablets. The seized quantity is intermediate in nature and it is call under schedule No.133 of NDPS Act. There is also yet another accused namely A2.

¶21

4.It is stated by the learned Government Advocate (crl.side) that the investigation has been practically completed and the forensic lab report alone has to be obtained.

¶22

5.Taking all the factors into consideration and also considering the quantity of contraband seized, I am inclined to grant bail to the petitioner subject to the following conditions:

¶23

6.Accordingly, the petitioner is ordered to be released on bail on condition to execute a bond for a sum of Rs.10,000/ - (Rupees Ten Thousand only) with two sureties, each for a like sum to the satisfaction of the learned XVIII Metropolitan Magistrate, Saidapet, and on further conditions that:-

¶24

[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.

¶25

https://www.mhc.tn.gov.in/judis 2/4

¶26

Crl.O.P.No.1170 of 2024

¶27

[b] the petitioner shall report before the respondent Police,

¶28

everyday at 10.30 a.m., until further orders.

¶29

[c] the petitioner shall not abscond either during investigation or

¶30

trial.

¶31

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

¶32

[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].

¶33

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

¶34

02.02.2024

¶35

vkr

¶36

C.V.KARTHIKEYAN,J.

¶37

https://www.mhc.tn.gov.in/judis 3/4

¶38

3/4

¶39

Crl.O.P.No.1170 of 2024

¶40

Vkr

¶41

¶42

1.The XVIII Metropolitan Magistrate, Saidapet.

¶43

2.The Inspector of Police, E-3, Teynampet Police Station, Chennai.

¶44

3.The Central Prison II, Puzhal.

¶45

The Public Prosecutor, High Court of Madras.

¶46

Crl.O.P.No.1170 of 2024

¶47

02.02.2024

¶48

https://www.mhc.tn.gov.in/judis 4/4

Suresh @ Kalai Suresh v. the State Rep by

Case brief

What is this about?

What did the court decide?

Suresh @ Kalai Suresh v. the State Rep by

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Rakesh Vs State Rep by

Bobli Vs State Rep.by Its

Assen @ Hassen @ Hasen Vs the State Rep by

Baskar Vs Inspector of Police

Manikandan @ Mani Vs the State Represented by

U.Suganthan Vs State Rep by