Manivannan @ Sisi Manivannan Vs the Inspector of Police — Narcotics (NDPS) | Madras HC (2025)

Manivannan @ Sisi Manivannan Vs the Inspector of Police — Narcotics (NDPS) | Madras HC (2025)

What the court decided

AI extract

Outcome

Petitioner enlarged on bail in Crime No.442 of 2024 on executing a bond of Rs.15,000/- with two sureties, each for a like sum, before the learned Judicial Magistrate No.II, Alandur, Chennai, subject to conditions including deposit of Rs.10,000/- to the 'Manasu' account (CSB Bank, Pallavaram Branch) without prejudice to defence, daily reporting before the respondent police at 06.30 p.m. until further orders, non-absconding and non-tampering; breach actionable as per P.K.Shaji vs. State of Kerala [(2005) AIR SCW 5560], and absconding to invite a fresh FIR under Section 269 B.N.S.

Issue for consideration

Whether the petitioner, in custody since 21.11.2024 in Crime No.442 of 2024 registered under Sections 8(c) and 20(b)(ii)(B) of the NDPS Act, should be enlarged on bail.

Court's answer

Bail granted: the petitioner is ordered to be released on bail on executing a bond for Rs.15,000/- with two sureties, each for a like sum, to the satisfaction of the learned Judicial Magistrate No.II, Alandur, Chennai, subject to further conditions.

Ratio / Principle

The petitioner is directed to deposit Rs.10,000/- to the credit of 'Manasu' (CSB Bank, Pallavaram Branch) without prejudice to his right of defence before the trial court, and it is made clear that such deposit would not amount to admission of guilt.

Key takeaways

On breach of any of the bail conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the petitioner as if the conditions had been imposed and bail granted by the 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]; and if the accused thereafter absconds, a fresh FIR can be registered under Section 269 B.N.S.ratio¶32
Condition imposed: the petitioner shall report before the respondent Police everyday at 06.30 p.m. until further orders (alongside conditions not to abscond and not to tamper with evidence or witnesses).ratio¶26

Detailed headnote1 paragraphs

Bail granted — NDPS Act, Sections 8(c) and 20(b)(ii)(B) — Crime No.442 of 2024, S8 Adambakkam Police Station — alleged illegal possession of 1.100 kgs of Ganja; prosecution alleged ten previous cases against petitioner — petitioner in custody since 21.11.2024 — Criminal Original Petition under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 — petitioner offered, without prejudice to defence, to deposit Rs.10,000/- to a welfare cause — bail granted on bond of Rs.15,000/- with two sureties before Judicial Magistrate No.II, Alandur, Chennai — deposit of Rs.10,000/- directed to 'Manasu' (CSB Bank, Pallavaram Branch), expressly not an admission of guilt — condition of daily reporting before respondent police at 06.30 p.m. until further orders — on breach, Magistrate/Trial Court empowered to take action as laid down in P.K.Shaji vs. State of Kerala [(2005) AIR SCW 5560] — absconding to permit fresh FIR under Section 269 B.N.S.

Crl.O.P.No.32257 of 2024

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 02.01.2025

CORAM

THE HON'BLE MR. JUSTICE A.D.JAGADISH CHANDIRA

Crl.O.P.No.32257 of 2024

Manivannan @ Sisi Manivannan ... Petitioner Vs.

The Inspector of Police, S8 Adambakkam Police Station, Chennai District. Crime No.442 of 2024 ... Respondent

PRAYER : Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, pleased to enlarge the petitioner on bail, in connection with Crime No.442 of 2024, pending on the file of the respondent Police.

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

O R D E R

Petition seeking bail in respect of Crime No.442 of 2024 registered for

the offences punishable under Sections 8(c), 20(b)(ii)(B) of Narcotic Drugs & Psychotropic Substances Act, 1985, is on board for consideration.

The incarceration of the petitioner being from 21.11.2024 pleading

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innocence on the part of the petitioner and false implication in the case, learned counsel for the petitioner seeks indulgence of this Court. He also submits that the petitioner is in no way connected with the alleged offence. He further submits that the petitioner, without prejudice to the defence and contention, is ready and willing to deposit a sum of Rs.10,000/- to any welfare scheme of the Government or any other organization. He also submits that the petitioner is ready to abide by any stringent condition that may be imposed by this Court.

The case of the prosecution as putforth by the learned Government Advocate (Criminal Side) appearing for the respondent police, opposing for grant of bail, is that the accused was found to be in illegal possession of 1.100 kgs of Ganja. He further submits that there are ten previous cases pending against the petitioner.

Considering the voluntary submission made by the learned counsel for the petitioner, the petitioner is directed to deposit a sum of Rs.10,000/(Rupees Ten Thousand only) to the credit of "Manasu, Account Number : 024404406764190001, IFSC Code : CSBK0000244, CSB Bank, Pallavaram

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Crl.O.P.No.32257 of 2024

making it clear that it would not amount to admission of guilt.

Further, having heard the learned counsel for the petitioner and the learned Government Advocate (Criminal Side) for the respondent Police and perused the materials available on record, this court is inclined to grant bail to the petitioner with certain conditions and accordingly, the petitioner is ordered to be released on bail on his executing a bond for a sum of Rs.15,000/- (Rupees Fifteen Thousand only) with two sureties , each for a like sum to the satisfaction of the learned Judicial Magistrate No.II, Alandur, Chennai, and on further conditions that:

[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;

[b] the petitioner shall report before the respondent

Police, everyday at 06.30 p.m., until further orders;

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

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

[e] On breach of any of the aforesaid conditions, the

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Crl.O.P.No.32257 of 2024

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];

[f] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S.

02.01.2025

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To

The Judicial Magistrate No.II, Alandur, Chennai.

The Inspector of Police,

S8 Adambakkam Police Station, Chennai District.

The Superintendent, Central Prison, Puzhal, Chennai.

The Public Prosecutor, High Court of Madras.

A.D.JAGADISH CHANDIRA.,J.

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Crl.O.P.No.32257 of 2024

02.01.2025

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