Allowed

Abdullah v. the State Rep by Its

Madras HC4 Dec 2024CRL OP/30298/2024

Case brief

AI extract

What is this about?

Bail petition under Section 483 BNSS in an NDPS case involving alleged possession of 3.40 gms of cocaine. Court granted bail on a Rs.15,000 bond with two sureties and stringent conditions including daily police reporting and deposit of Rs.5,000 to the District Legal Services Authority.

What did the court decide?

Petitioner released on bail on Rs.15,000 bond with two sureties, with conditions including Rs.5,000 deposit to DLSA and daily reporting to respondent police.

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

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Crl.O.P.No.30298 of 2024

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 04.12.2024

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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. 30298 of 2024

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Abdullah ... Petitioner

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Vs.

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State represented by The Inspector of Police, F-3, Nungamabakkam Police Station, Chennai. (Crime No. 401 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, to enlarge the petitioner on bail pending investigation in Crime No. 401 of 2024 pending on the file of the respondent Police.

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For Petitioner : Mr.T.R. Ravi 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.401 of 2024 registered

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for the offences punishable under Sections 8(c) r/w 22(b) and 25 of NDPS Act, is on board for consideration.

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2.The incarceration of the petitioner being from 27.10.2024 pleading

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innocence on the part of the petitioner and false implication in the case, learned counsel for the petitioner seeks indulgence of this Court. He also submits that the petitioner, without prejudice to the defence and contention, is ready and

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Crl.O.P.No.30298 of 2024

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willing to deposit a sum of Rs.5,000/- to any welfare scheme of the Government

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or any other organization. H e also submits that the petitioner is no way connected with the alleged offences and he is ready to abide by any stringent condition that may be imposed by this court. He also submits that the contraband seized from the petitioner is only an intermediate quantity.

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3.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 petitioner was found to be in possession of 3.40 gms of cocaine.

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4.Considering the voluntary submission made by the learned counsel for the petitioner, the petitioner is directed to deposit a sum of Rs.5,000/(Rupees Five Thousand only) to the credit of the "District Legal Services Authority, Chennai District" 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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5.Having heard the learned counsel for the petitioner and the learned Government Advocate (Criminal Side) for the respondent Police and perused the materials available on record, including the counter affidavit filed by the respondent, this court is inclined to grant bail to the petitioner with certain conditions and accordingly, the petitioner is ordered to be released on bail on

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Crl.O.P.No.30298 of 2024

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his executing a bond for a sum of Rs.15,000/- (Rupees Fifteen Thousand

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

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Special Court under EC & NDPS Act, 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 petitioner shall report before the respondent Police, everyday at 06.30 p.m., until further orders;

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[c] the petitioner shall not abscond either during investigation

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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.

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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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04.12.2024

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sai

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