Allowed

Rajkumar v. Inspector of Police

Madras HC17 Apr 2024CRL OP/9179/2024

Case brief

AI extract

What is this about?

Bail petition under the NDPS Act for an accused held in a ganja seizure case with an intermediate quantity and one pending previous case. Noting progress in investigation and bail granted to another accused, the High Court granted bail on conditions including daily reporting to police.

What did the court decide?

Petitioner enlarged on bail: Rs.10,000 bond each with two sureties; surety ID checks; daily reporting at 10:30 a.m.; not to abscond or tamper with evidence/witnesses.

Rajkumar Vs Inspector of Police — Narcotics (NDPS) | Madras HC (2024)

¶1

Crl.O.P.No.9179 of 2024

¶2

IN THE HIGH COURT OF JUDICATURE AT MADRAS

¶3

DATED : 17.04.2024

¶4

CORAM

¶5

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

¶6

Crl.O.P.No.9179 of 2024

Rajkumar

...Petitioner

Vs.

The State, represented by The Inspector of Police, PEW- Ulundurpet Police Station, Kallakurichi District. (Crime No.213/2023) ...Respondent

¶11

PRAYER: Criminal Original Petition is filed under Section 439 of Cr.P.C. praying to enlarge the petitioner/Accused on bail in Crime No.213/2023 on the file of the respondent Police.

¶12

For Petitioner : Mr.A.Gowtham For Respondent : Mr.V.J.Priyadarsana Government Advocate (crl. side)

¶13

ORDER

¶14

The petitioner/first accused who was arrested and remanded to

¶15

judicial custody on 17.12.2023, registered for the offences under

¶16

Page 1 of 5

¶17

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

¶18

Crl.O.P.No.9179 of 2024

¶19

Sections 8(c), 20(b)(ii)(B), 25, 29(1) of Narcotic Drugs and Psuchotropic Substances Act, 1985 in Crime No. 213 of 2023 on the file of the respondent seeks bail.

¶20

It is stated that A1 and A2 along with other accused were found in possession of 8 kgs of ganja. There is yet another accused A3 who was the mediator for purchase and sales of ganja. Ganja has been recovered from A4 and A5, who were the sellers of the ganja. One of the accused had been granted bail.

¶21

The earlier application seeking bail was dismissed by this Court on 27.02.2024 in Crl. O.P.No.4237 of 2024. One change in circumstance is progress in investigation. The counter-affidavit had been filed that the petitioner also has one previous case, which is pending trial.

¶22

Taking all the factors into consideration, the period of incarceration and the quantity of contraband seized is an intermediate quantity and also other accused has been granted bail, bail is granted to

¶23

Page 2 of 5

¶24

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

¶25

Crl.O.P.No.9179 of 2024

¶26

the petitioner subject to the following conditions:

¶27

Accordingly, the petitioner is ordered to be released on bail

¶28

on executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) each with two sureties, for a like sum to the satisfaction of the learned Special Court for trial of Narcotic Drugs and Psychotripic Substances Act cases, Villupuram, and on further conditions that:-

¶29

[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.

¶30

[b] the petitioner shall report before the respondent Police, everyday at 10.30 a.m., until further orders.

¶31

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

¶32

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

¶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

¶34

Page 3 of 5

¶35

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

¶36

Crl.O.P.No.9179 of 2024

¶37

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].

¶38

[f] If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.

17.04.2024

Maya