Allowed

Anburaj v. State Represented by

Madras HC8 Apr 2024CRL OP/4860/2024

Case brief

AI extract

What is this about?

Bail sought under Section 439 Cr.P.C. in an NDPS case involving recovery of 60 kgs of ganja. The petitioner had been jailed for over one-and-a-half years with no trial progress and had no previous cases. Bail granted on conditions including reporting to police twice weekly.

What did the court decide?

Petitioner released on bail on Rs.10,000 bond with two sureties (one blood surety), reporting to police every Tuesday and Saturday for six months, with other conditions.

Anburaj Vs State Represented by — Narcotics (NDPS) | Madras HC (2024)

¶1

IN THE HIGH COURT OF JUDICATURE AT MADRAS

¶2

DATED : 08.04.2024

¶3

CORAM

¶4

THE HON'BLE MRS.JUSTICE T.V.THAMILSELVI

¶5

Crl.O.P.No.4860 of 2024

Anburaj

... Petitioner

Vs.

State Rep by. The Inspector of Police NIB CID Chennai. Crime No. 123 of 2024

¶10

... Respondent

¶11

PRAYER: Criminal Original Petition filed under Section 439 of Cr.P.C.,

¶12

pleased to enlarge the petitioner on bail pending Trial in C.C No. 578 of

¶13

2022 on the file of the Principal Special NDPS ACt Cases Court, Chennai.

¶14

For Petitioner : Mr.S.Raja For Respondent : Mr.V.Meganathan, B.A., B.L., Government Advocate (Crl. side)

¶15

https://www.mhc.tn.gov.in/judis 1/5

¶16

O R D E R

¶17

The petitioner, who was arrested and remanded to judicial

¶18

custody on 02 .07.2022 for the alleged offences punishable under Sections 8 (c ) r/w 20 (B)(ii)(C)of NDPS Act, 25 and 29(1) of NDPS Act in crime No. 31 of 2022( C.C No. 578 of 2022) on the file of the respondent, seeks bail.

¶19

The case of the prosecution is that the respondent police found the petitioner with illegal possession of 60 kgs of Ganja. Hence, the case.

¶20

The learned counsel for the petitioner submits that the petitioner submits that the petitioner is in jail for more than 1 1/2 years and there is no progress in the Trial. Hence, he prays to allow this petition.

¶21

On the other side, the learned Government Advocate (Crl. side) submits that 60 kgs of Ganja has been recovered from the petitioner. Further, he submitted that there is no previous case pending against the petitioner. However, he raised objection to grant bail.

¶22

Considering the facts of the case, the petitioner is in jail for more than 1 1/2 years and also there is no progress in the Trial. Further, there is no previous case pending against the petitioner. Hence, this Court is

¶23

https://www.mhc.tn.gov.in/judis 2/5

¶24

inclined to grant bail to the petitioner.

¶25

Accordingly, the petitioner is ordered to be released on bail on

¶26

his executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties ( one must be a blood surety), each for a like sum to the satisfaction of the learned Principal Special NDPS Act cases Court,

¶27

Chennai, and on further conditions that:

¶28

[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;

¶29

[b] the petitioner shall report before the respondent police every Tuesday and Saturday at 10.30 a.m., for a period of six months.

¶30

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

¶31

[d] the petitioner shall not tamper with evidence or witness either during investigation or trial;

¶32

https://www.mhc.tn.gov.in/judis 3/5

¶33

[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];

¶34

[f] If the accused thereafter abscond, a fresh FIR

¶35

can be registered under Section 229A IPC.

¶36

08.04.2024

¶37

pbl

¶38