Allowed

Kumaravel @ Potti v. the State Rep. by

Madras HC26 Mar 2024CRL OP/7394/2024

Case brief

AI extract

What is this about?

The High Court of Madras granted bail to the petitioner in a criminal case involving possession of ganja under narcotics and other IPC sections, considering the intermediate quantity and incarceration period. Bail was subject to strict conditions, including daily police reporting, surety bonds, and prohibitions against absconding or tampering with evidence.

What did the court decide?

Petitioner released on bail on Rs.10,000 bond with two sureties, subject to conditions of daily reporting to police and strict compliance with bail terms.

Kumaravel @ Potti Vs the State Rep. by — Narcotics (NDPS) | Madras HC (2024)

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Crl.O.P.No.7394 of 2024

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 26.03.2024

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CORAM

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THE HON'BLE MR. JUSTICE C.V.KARTHIKEYAN

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Crl.OP.No.7394 of 2024

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Kumaravel @ Potti ...Petitioner Vs.

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The State represented by, The Inspector of Police, C-2, Sunguvarchatram Police Station, Kanchipuram District. Cr.No.128 of 2024

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...Respondent

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PRAYER: Criminal Original Petition filed under Section 439 of Cr.P.C. praying to enlarge the petitioner on bail in Crime No.128 of 2024 on the file of the respondent police.

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For Petitioner : Mr.D.Magesh

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For Respondent : Mr.L. Baskaran Government Advocate (Crl.Side)

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ORDER

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The petitioner/A2 seeks bail in Crime No.128 of 2024 registered under Sections 294(b), 332, 353, 506(2) of IPC and Sections 8(c), 20(b)(ii)(B), 25 and 29(1) of NDPS Act 1985.

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

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Crl.O.P.No.7394 of 2024

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2.The petitioner had been remanded to judicial custody on

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18.02.2024 with possession, along with other accused of 2 kgs of ganja.

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3.Taking into consideration the period of incarceration and the fact that the contraband seized is an intermediate quantity, this Court is inclined to grant bail to the petitioner subject to the following conditions.

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4.Accordingly, the petitioner is ordered to be released on bail on condition to execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties each for a like sum to the satisfaction of the learned Judicial Magistrate, Sriperumpudur 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, daily at 10.00 a.m., until further orders. [c]the petitioner shall not abscond either during investigation or trial.

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

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2/4

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Crl.O.P.No.7394 of 2024

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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 229A IPC.

26.03.2024