Allowed

A.Kumaran v. the State Rep by

Madras HC21 Dec 2024CRL OP/32201/2024

Case brief

AI extract

What is this about?

In a criminal original petition for bail under BNSS 2023 in a drug possession case (NDPS Act), the High Court of Madras granted bail to the petitioner, a law graduate, on ₹15,000 with conditions including daily police reporting.

What did the court decide?

Petitioner released on bail on execution of a bond for Rs.15,000 with two sureties, subject to conditions including daily police reporting.

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

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Crl.O.P.No.32201 of 2024

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 21.12.2024

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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.32201 of 2024

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A.Kumaran ... Petitioner

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Vs.

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The State represented by, The Inspector of Police, V3 JJ Nagar Police Station

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(Crime No.728 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 petitioner on bail, in connection with Crime No.728 of 2024, pending investigation on the file of the respondent Police.

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For Petitioner : Mr.N.Baaskaran For Respondent : Mr.A.Damodaran Additional Public Prosecutor O R D E R

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Petition seeking bail in respect of Crime No.728 of 2024 registered for

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the offences punishable under Section 8(c) r/w Sections 22(c) and 29(1) r/w

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Section 20(b)(ii) of NDPS Act, 1985, is on board for consideration.

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https://www.mhc.tn.gov.in/judis 1/4

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Crl.O.P.No.32201 of 2024

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The incarceration of the petitioner being from 04.12.2024, 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 submits that the petitioner is a law graduate and he has to appear for the All India Bar Examination scheduled to be held on 22.12.2024. He also submits that the petitioner has been implicated in this case as he was found with other accused persons. He would submit that two other co-accused have been released on bail in Crl.O.P.No.31212 of 2024 on 17.12.2024. He further 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 Additional Public Prosecutor appearing for the respondent police, opposing for grant of bail, is that, on 04.11.2024, the respondent police had received a secret information and had gone to E.B Park, Mogappair East where A1 to A3 were found to be in illegal possession of 17 numbers of LSD stamps (0.41 grams). He further submits that based on the confession statement of A3, A4 and A5 have been arrested on 06.11.2024 and that a mobile phone was seized from the petitioner herein. He also submits that there are totally 19 accused in this case and steps are being taken to secure the absconding accused and further there were Gpay transactions between

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https://www.mhc.tn.gov.in/judis 2/4

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Crl.O.P.No.32201 of 2024

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individual accused. He would further submit that there are no previous cases against the petitioner herein. On instructions, he also confirms that the petitioner is a law graduate and two other co-accused have been released on bail.

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Further, having heard the learned counsel for the petitioner and the learned Additional Public Prosecutor for the respondent Police and perused the materials available on record and also considering that a co-accused has been released on bail, this court is inclined to grant bail to the petitioner with certain conditions and accordingly, he is ordered to be released on bail on him 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 Judicial Magistrate, Ambattur, 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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https://www.mhc.tn.gov.in/judis 3/4

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Crl.O.P.No.32201 of 2024

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A.D.JAGADISH CHANDIRA.,J.

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Anu

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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. 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.

21.12.2024

Anu

The Judicial Magistrate, Ambattur

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2.The Inspector of Police, V3 JJ Nagar Police Station

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The Superintendent, Central Puzhal Prison, Chennai.

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The Public Prosecutor, High Court of Madras.

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Crl.O.P.No.32201 of 2024

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https://www.mhc.tn.gov.in/judis 4/4

A.Kumaran v. the State Rep by

Case brief

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A.Kumaran v. the State Rep by

Case brief

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