Allowed

K.Manikandan v. State Rep.by

Madras HC12 Sept 2024CRL OP/22587/2024

Case brief

AI extract

What is this about?

Petitioner in custody since 28.07.2024 for alleged possession of 90 Nitravet and 40 tepental tablets under NDPS and allied provisions sought bail. The High Court, considering the quantity involved, a prior case where bail was already granted, and the period of incarceration, granted bail with stringent reporting conditions.

What did the court decide?

Petitioner ordered to be released on bail on executing Rs.10,000 bond with two sureties and conditions including daily reporting before the Principal Special Court under EC & NDPS Act, Chennai-104.

K.Manikandan Vs State Rep.by — Narcotics (NDPS) | Madras HC (2024)

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Crl.O.P.No.22587 of 2024

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 12.09.2024

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CORAM

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THE HON'BLE MR. JUSTICE P.DHANABAL

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Crl.O.P.No.22587 of 2024

Manikandan

...Petitioner

Vs.

The State rep by Inspector of Police H-9 New Washermenpet Police Station, Chennai ( Crime No.747 of 2024)

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...Respondent/Complainant

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PRAYER: Criminal Original Petition filed under Section 483 of B.N.S.S. Act, 2023, praying to enlarge the petitioner on bail in Crime No.747 of 2024 on the file of respondent police.

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For Petitioner : Mr.C.M. Ramakrishnan

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For Respondent : Mr.S.Vinothkumar Government Advocate (Crl. Side)

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Crl.O.P.No.22587 of 2024

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O R D E R

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The petitioner, who was arrested and remanded to judicial custody

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on 28.07.2024 for the offences under Sections 8(c), 22(b) and 29(1) of Narcotic Drugs @ Psychotropic Act, 1985 and 275,123 of BNS and 77 of the Juvenile Justice ( Care and Protection of Children) Act 2015, and 7, 9(ii) of TN Prohibition of smoking and spitting Act 2003 and 6,24(1) of Cigarette and Other Tobacco Products Act, 2003 in Crime No.747 of 2024 on the file of the respondent police, seeks bail.

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The case of the prosecution is that the petitioner along with other

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accused were in possession of 90 Nos of Nitravet tablets and 40 nos of tepental tablets. Hence, the case.

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Learned counsel for the petitioner submitted that the petitioner is

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an innocent person, he has not committed any offence as alleged by the prosecution, and he has been falsely implicated in this case. He further submitted that the petitioner has been in custody since 28.07.2024; that he is a law-abiding citizen; that he is ready to furnish substantial sureties for his due release on bail; and therefore, he prays for the grant of bail to the

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Crl.O.P.No.22587 of 2024

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petitioner.

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Learned Government Advocate (Crl.Side) opposes the grant of bail to the petitioner by stating that the petitioner along with other accused were in possession of 90 Nos of Nitravet tablets and 40 nos of tepental tablets. He further submitted that there is one previous case pending against the petitioner.

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Heard both sides and perused the materials available on record.

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6.Considering the representation made on both sides and the quantity of material involved in this case, the petitioner has one previous cases, in that case, bail was granted to the petitioner, and also taking into consideration the period of incarceration undergone by the petitioner, this Court is inclined to grant bail to the petitioner with certain conditions:

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Accordingly, the petitioner is ordered to be released on bail on his executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand

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Crl.O.P.No.22587 of 2024

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only)

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only) with two sureties, each for a like sum to the satisfaction of the XV

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Metropolitan Magistrate Court, George Town, Chennai and on further conditions that:

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[a] the petitioner shall report before the Principal Special Court under EC & NDPS Act, Chennai-104 , on all working days at 10.30 a.m., until further orders, without fail.

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[b] the petitioner shall attend in accordance with the conditions of the bond;

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[c] the Petitioner shall not commit any offences of similar to the offence of which he is accused, or suspected, or of the commission of which he is suspected;

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[d] the Petitioner shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence;

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[e] the Petitioner shall not abscond either during investigation or trial;

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[f] On breach of any of the aforesaid conditions, the

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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]; and

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[g] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 B.N.S.

12.09.2024

smn