Allowed

Murugesan v. the State Rep.by

Madras HC9 Dec 2024CRL OP/30655/2024

Case brief

AI extract

What is this about?

Bail sought under Section 483 BNSS in an NDPS case involving possession of Nitravet tablets. Considering incarceration since November 2024 and a voluntary deposit offer, the Madras High Court granted bail on a Rs.15,000 bond with two sureties, daily police reporting and other stringent conditions.

What did the court decide?

Petitioner released on bail on bond of Rs.15,000 with two sureties (one parent), Rs.5,000 deposit to Tamil Nadu Legal Services Authority, daily police reporting and other conditions.

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

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Crl.O.P.No.30655 of 2024

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 09.12.2024

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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.30655 of 2024

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Murugesan ... Petitioner

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Vs.

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The State represented by, The Inspector of Police, R-7 K.K Nagar Police Station, Chennai. (Crime No.255 of 2024). ... Respondent

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PRAYER : Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, pleased to enlarge the petitioner on bail, in connection with Crime No.255 of 2024, pending investigation on the file of the respondent Police.

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For Petitioner : Mr.P.Muthamuzhselvakumar 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.255 of 2024 registered for

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the offences punishable under Sections 8(c), 22(b), 29(1), 25 of NDPS Act, 1985

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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.30655 of 2024

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The incarceration of the petitioner being from 17.11.2024 pleading innocence on the part of the petitioner and false implication in the case, the learned counsel for the petitioner seeks indulgence of this Court. He further submits that the petitioner, without prejudice to the defence and contention, is ready and willing to deposit a sum of Rs.5,000/- to any welfare scheme of the Government or any other organization. He also submits that the petitioner is 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 petitioner along with other accused was found to be in illegal possession of 30 Nos of Nitravet Tablets.

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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 "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.30655 of 2024

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Further, 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 filed by the respondent and also considering the period of incarceration undergone by the petitioner, 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 his executing a bond for a sum of Rs.15,000/- (Rupees Fifteen Thousand only) with two sureties( Out of which, one shall be a Father or Mother of the petitioner) , each for a like sum to the satisfaction of the learned XXIII Metropolitan

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Magistrate Court, Saidapet 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 or trial;

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[d] the petitioner 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.30655 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 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

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[(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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09.12.2024

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Sma

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