Allowed

Kuberan @ Gubendhiran v. State Rep by

Madras HC2 Apr 2024CRL OP/2356/2024

Case brief

AI extract

What is this about?

Anticipatory bail sought under Sections 8(c) and 20(b)(ii)(B) NDPS Act for alleged ganja offences, implicated via co-accused confession. Court granted bail, noting investigation nearly complete and no previous cases, subject to conditions including a Rs.10,000 charitable deposit and weekly police reporting.

What did the court decide?

Anticipatory bail granted on bond of Rs.10,000 with two sureties, subject to deposit, reporting and other conditions.

Kuberan @ Gubendhiran Vs State Rep by — Narcotics (NDPS) | Madras HC (2024)

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Crl.O.P.No2356 of 2024

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Crl.O.P.No.2356 of 2024

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T.V.THAMILSELVI, J.

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The petitioner, who apprehends arrest at the hands of the respondent police for the alleged offences punishable under Sections 8(c ) and 20(b) (ii) (B) of NDPS Act, in Crime No.524 of 2023, on the file of the respondent police, seeks anticipatory bail.

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The case of the prosecution is that the first accused was found in possession of 1.200 kgs of Ganja. Based on the confession of A1, the petitioner was implicated in this case.

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The learned counsel appearing for the petitioner submitted that the co-accused had already been released on bail. However, on instructions, the learned counsel further submitted that the petitioner,without prejudice to his rights, on his own volition, is ready and willing to contribute a some amount to any charitable trust as imposed by this Court. Hence, he prays for grant of anticipatory bail to the petitioner.

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The learned Government Advocate (Crl.Side) appearing for the respondent submitted that based on the confession of co-accused, the petitioner was implicated in this case and there is no previous case pending against the petitioner and the investigation is almost completed. However, he opposed for grant of anticipatory bail to the petitioner.

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Page No.1/4

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

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Crl.O.P.No2356 of 2024

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Considering the facts and circumstances of the case and also the fact that the investigation is almost completed and there is no previous case pending against the petitioner, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.

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Accordingly, 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 No.II, Poonamallee, on condition that the petitioner shall 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 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 shall deposit a sum of Rs.10,000/(Rupees Ten Thousand only) as non refundable deposit to the credit of Registered Advocate Clerk Association, Thiruvallur District, within a period of two weeks from the date of receipt of a copy of this order, without prejudice to his defence before the trial Court and submit the proof of payment of the said amount before the aforesaid learned Judicial Magistrate, who after perusing the challan/ receipt/acknowledgement, shall accept the sureties furnished by the petitioner; .

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[b] the petitioner and the sureties shall affix their

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Page No.2/4

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

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Crl.O.P.No2356 of 2024

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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.

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[c] the petitioner is directed to report before the respondent police on every Saturday at 10.30 a.m., for a period of three months and thereafter, as and when required for interrogation.

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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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[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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T.V.THAMILSELVI, J.

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msrm

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

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Page No.3/4

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

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Crl.O.P.No2356 of 2024

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02.04.2024

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msrm

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Crl.O.P.No.2356 of 2024

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Page No.4/4

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

Kuberan @ Gubendhiran v. State Rep by

Case brief

What is this about?

What did the court decide?

Kuberan @ Gubendhiran v. State Rep by

Case brief

What is this about?

What did the court decide?

What the court decided

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