Allowed

Shanmugam v. the State Rep by

Madras HC5 Feb 2024CRL OP/1260/2024

Case brief

AI extract

What is this about?

In a criminal original petition for bail, the Madras High Court granted bail to the petitioner convicted under the NDPS Act on intermediate quantity charges. Despite multiple pending cases, bail was ordered with strict conditions including daily reporting, release bonds, and strict surety requirements.

What did the court decide?

Petitioner released on bail bond of Rs.10,000 with two sureties; strict conditions of daily police reporting, no tampering/evidence destruction, and immediate action on breach.

Shanmugam Vs the State Rep by — Narcotics (NDPS) | Madras HC (2024)

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Crl.O.P.No.1260 of 2024

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 05.02.2024

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CORAM

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

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Crl.OP.No.1260 of 2024

Shanmugam

...Petitioner

Vs.

State rep by, The Inspector of Police, T-1,Ambattur Police Station

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...Respondent

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PRAYER: Criminal Original Petition filed under Section 439 of Cr.P.C. praying to enlarge the petitioner on bail in FIR in Crime No.1236 of 2023 on the file of the respondent police.

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For Petitioner : Mr. A.Samson

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

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ORDER

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The petitioner/A1 seeks bail in Crime No.1236 of 2023 registered

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under Sections 8(c), r/w 20(b) (ii) (B) and 29(1) of NDPS Act 1985.

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

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Crl.O.P.No.1260 of 2024

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2.The petitioner had been remanded to judicial custody on

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05.12.2023 with possession of 1.250 Kgs of ganja, which is an intermediate quantity.

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It is stated by the learned Government Advocate that there are 4 NDPS cases and 5 I.P.C cases registered against the petitioner.

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4.Taking all the factors into consideration and the quantity of the contraband and the period of incarceration, this Court is inclined to grant bail to the petitioner subject to the following conditions.

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5.Accordingly, the petitioner is ordered to be released on bail on

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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

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the learned Judicial Magistrate Court Ambattur, and on further conditions that:

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[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

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

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Crl.O.P.No.1260 of 2024

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ensure their identity.

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[b] the petitioner shall report before the respondent Police, daily at 10.00 a.m., until further orders. [c]the petitioner shall not abscond either during investigation or trial.

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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 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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05.02.2024

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smn

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