John Stolen Vs the State Rep.by, the Inspector of Police

PRAYER: Criminal Original Petition filed under Section 483 of BNSS, to enlarge the petitioners on bail in Crime No.342 of 2024, on the file of the respondent police.

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For Petitioner : Mr.P.Muthamizh Selvakumar For Respondent : Mr.Leonard Arul Joseph Selvam Government Advocate (Crl.Side)

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O R D E R

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This Criminal Original Petition has been filed by the petitioners/A2 & A3, who were arrested and remanded to judicial custody on 17.12.2024, seeking bail in Crime No.342 of 2024 registered for the offence under Sections 8(c), r/w.20(b)(ii)(B), 21(b) and 29(1) of NDPS Act.

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2.The case of the prosecution is that the petitioners along with other accused were found to be in illegal possession of 1 kg and 100 grams of ganja.

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3.Learned counsel appearing for the petitioners submitted that the petitioners are innocent and they have been falsely implicated in this case. He

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also submitted that the petitioners are in custody from 17.12.2024 and no recovery has been made from these petitioners and the respondent has falsely foisted the case against them and they are ready to abide by any stringent condition that may be imposed by this Court. Hence, he prayed for grant of bail to the petitioners.

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4.Learned Government Advocate (Crl. Side) appearing for the respondent police, while opposing for grant of bail to the petitioners, reiterated the case of the prosecution. He further submitted that the petitioners A2 & A3 are having thirteen and twelve previous cases respectively, which are registered for IPC offences.

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5.Heard the learned counsel appearing for the petitioners and the learned Government Advocate (Crl. Side) for the respondent Police and perused the materials available on record including the counter affidavit filed by the respondent.

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6.Considering the nature of allegations, period of incarceration, the quantity of contraband seized in this case and the fact that the previous cases have been registered for offences under IPC and they were released on bail in all those cases and since further custody is not required for the purpose of interrogation,

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this Court is inclined to grant bail to the petitioners with certain conditions.

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7.Accordingly, the petitioners are ordered to be released on bail on their https://www.mhc.tn.gov.in/judis

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executing a separate bond for a sum of Rs. 15,000 /- (Rupees Fifteen Thousand

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only) each, with two sureties, for a like sum to the satisfaction of the learned V

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Metropolitan Magistrate, Egmore, Chennai , 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 petitioners shall report before the respondent Police, everyday at 10.30 a.m., until further orders;

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

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[d] the petitioners 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 petitioners in accordance with law as if the conditions have been imposed and the petitioners 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]; [f] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S

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12.02.2025

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sai

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SUNDER MOHAN, J. sai