Allowed

Manikandan @ Rajesh v. Station House Officer

Madras HC18 Apr 2024CRL OP/9525/2024

Case brief

AI extract

What is this about?

The High Court granted bail to the petitioner accused under the NDPS Act for possessing 60 grams of Ganja, considering the intermediate quantity, pending investigation, and period of incarceration, subject to strict conditions including daily reporting.

What did the court decide?

Bail granted on executing bond of Rs.10,000 with two sureties, daily police reporting, and Rs.20,000 deposit to Welfare Association.

Manikandan @ Rajesh Vs Station House Officer — Narcotics (NDPS) | Madras HC (2024)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 18.04.2024

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CORAM

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

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Crl.O.P.No.9525 of 2024

Manikandan @ Rajesh

... Petitioner

Vs.

State Rep by. The Station House Officer, Lawspet Police Station, Puducherry. Crime No. 44 of 2024.

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... Respondent

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

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pleased to grant bail to the petitioner herein crime No. 44 of 2024, on the file of the respondent police.

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For Petitioner : Mr.A.N.Rajan For Respondent : Mr.K.S.Mohandoss Public Prosecutor (Pondicherry)

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

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O R D E R

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The petitioner, who was arrested and remanded to judicial custody on 29.03.2024 for the alleged offences punishable under Sections 20(b)(ii)(A) r/w 8 (c ) of (NDPS) Act 1985 and 77 of Juvenile Justice (Care and Protection of children) Act 2015 in crime No. 44 of 2024 on the file of the respondent police, seeks bail.

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The case of the prosecution is that the accused was found to be illegal possession of 60 grams of Ganja. Hence the case.

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The learned counsel for the petitioner submits that the petitioner

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has been falsely implicated in this case and he is an innocent person. Further, he submitted that contraband recovered from this petitioner is intermediate quantity. Learned counsel prays to grant anticipatory bail to the petitioner.

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On the other side, the learned Government Advocate (Crl. side) submits that four accused were found to be illegal possession of 60 grams of Ganja. Further, he stated that there is three previous case pending against the petitioner. However, he raised objection to grant bail.

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

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Considering the period of incarceration undergone by the

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petitioner and the contraband recovered from this petitioner is intermediate quantity and also investigation is almost completed. Hence, this Court is inclined to grant bail to the petitioner.

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Accordingly, the petitioner is ordered to be released on bail on 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 III Additional District Judge court (Under NDPS) Act, Puducherry, 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 10.30 a.m., until further order. Further, the petitioner shall deposit a sum of Rs.20,000/- to the credit of Registered Advocate Clerks Welfare Association Puducherry within a period of

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

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two weeks from the date of receipt of a copy of this order.

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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 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 abscond, a fresh FIR can be registered under Section 229A IPC.

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18.04.2024

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pbl

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https://www.mhc.tn.gov.in/judis 4/5

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4/5

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T.V.THAMILSELVI,J.

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pbl

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The III Additional District judge Court (Under NDPS) Act, Puducherry.

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2.The Station House Officer, Lawspet Police Station, Puducherry.

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The Central Prison, Thalapet, Puducherry.

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The Public Prosecutor, High Court of Madras.

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Crl.O.P.No.9525 of 2024

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18.04.2024

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

Manikandan @ Rajesh v. Station House Officer

Case brief

What is this about?

What did the court decide?

Manikandan @ Rajesh v. Station House Officer

Case brief

What is this about?

What did the court decide?

What the court decided

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Cases cited

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