Allowed

Lokesh v. State of Tamil Nadu Rep.by

Madras HC27 Nov 2024CRL OP/29611/2024

Case brief

AI extract

What is this about?

This order grants bail to two petitioners charged with illegal possession of Nitravet Tablets under NDPS offenses. The High Court granted bail upon condition that they deposit Rs.5,000 each with the Tamil Nadu Legal Services Authority and execute a bond for Rs.15,000.

What did the court decide?

Order granted bail to petitioners; directed to deposit Rs.5,000 each with TN Legal Services Authority and execute bond for Rs.15,000 with two sureties.

Lokesh Vs State of Tamil Nadu Rep.by — Narcotics (NDPS) | Madras HC (2024)

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Crl.O.P.No.29611 of 2024

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 27.11.2024

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CORAM

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THE HON'BLE MR. JUSTICE A.D.JAGADISH CHANDIRA

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Crl.O.P.No.29611 of 2024

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Lokesh

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Saravanaprasath @ Akash ... Petitioners

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Vs.

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The State represented by, The Inspector of Police, D1 Triplicane Police Station, Triplicane, Chennai. (Crime No.431 of 2024).

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... Respondent

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PRAYER : Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, pleased to enlarge the petitioners on bail, in connection with Crime No.431 of 2024, pending investigation on the file of the respondent Police.

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For Petitioners : Mr.M.Hussaini Basha For Respondent : Mr.Leonard Arul Joseph Selvam Government Advocate (Crl.Side)

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O R D E R

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Petition seeking bail in respect of Crime No.431 of 2024 registered for

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the offences punishable under Sections 8(c) read with Section 22(b), 29(1) of NDPS Act, is on board for consideration.

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https://www.mhc.tn.gov.in/judis 1/6

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Crl.O.P.No.29611 of 2024

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The incarceration of the petitioners being from 26.10.2024 pleading innocence on the part of the petitioners and false implication in the case, the learned counsel for the petitioners seeks indulgence of this Court. He further submits that the petitioners, without prejudice to the defence and contention, are ready and willing to deposit a sum of Rs.5,000/-each to any welfare scheme of the Government or any other organization. He also submits that the petitioners are ready to abide by any stringent condition that may be imposed by this Court.

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The case of the prosecution as putforth by the learned Government Advocate (Criminal Side) appearing for the respondent police, opposing for grant of bail, is that the accused were found to be in illegal possession of 45 Nos. of Nitravet Tablets

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Considering the voluntary submission made by the learned counsel for the petitioners, the petitioners are directed to deposit a sum of Rs.5,000/(Rupees Five Thousand only)each to the credit of the "Tamil Nadu Legal Services Authority, Chennai", without prejudice to the right of defence before the Trial Court and making it clear that it would not amount to admission of guilt.

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https://www.mhc.tn.gov.in/judis 2/6

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Crl.O.P.No.29611 of 2024

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Further, having heard the learned counsel for the petitioners and the learned Government Advocate (Criminal Side) for the respondent Police and perused the materials available on record including the counter filed by the respondent and also considering the period of incarceration undergone by the petitioners, this court is inclined to grant bail to the petitioners with certain conditions and accordingly, the petitioners are ordered to be released on bail on his executing a bond for a sum of Rs.15,000/- (Rupees Fifteen Thousand only) with two sureties , each for a like sum to the satisfaction of the learned II Metropolitan Magistrate, Egmore, Chennai 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 ensure their identity;

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[b] the petitioners shall report before the respondent Police, everyday at 10.30 a.m., for a period of two weeks and thereafter on every Saturday at 10.30.a.m., until further orders;

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[c] the petitioners shall not abscond either during investigation or trial;

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[d] the petitioners shall not tamper with evidence or

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https://www.mhc.tn.gov.in/judis 3/6

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Crl.O.P.No.29611 of 2024

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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 petitioners in accordance with law as if the conditions have been imposed and the petitioners 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 269 of B.N.S.

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27.11.2024

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Sma

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