Allowed

Kannikairaj @ Pali v. the State Rep by

Madras HC2 Jan 2025CRL OP/32267/2024

Case brief

AI extract

What is this about?

This order granted bail to the petitioner, accused under the NDPS Act, directing a financial deposit to a welfare scheme. The petitioner was ordered to execute a bond with two sureties and comply with strict reporting and non-absconding conditions.

What did the court decide?

Petitioner released on bail upon deposit of Rs.5,000 to a welfare scheme and executing a bond of Rs.15,000 with two sureties.

Kannikairaj @ Pali Vs the State Rep by — Narcotics (NDPS) | Madras HC (2025)

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Crl.O.P.No.32267 of 2024

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 02.01.2025

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CORAM

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

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Crl.O.P.No.32267 of 2024

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Kannikairaj @ Pali ... Petitioner

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Vs.

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The State represented by, The Inspector of Police, Adambakkam Police Station.

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(Crime No.469 of 2024).

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... Respondent

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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.469 of 2024, pending investigation on the file of the respondent Police.

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

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O R D E R

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Petition seeking bail in respect of Crime No.469 of 2024 registered for

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the offences punishable under Sections 8(c), 20(b)(ii)(B) of Narcotic Drugs and

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Psychotropic Substances Act, 1985, is on board for consideration.

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1/4

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

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Crl.O.P.No.32267 of 2024

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The incarceration of the petitioner being from 22.11.2024 pleading innocence on the part of the petitioner and false implication in the case, learned counsel for the petitioner seeks indulgence of this Court. He further submits that even as per the prosecution, the alleged contraband recovered from the petitioner is not a commercial quantity. He also submits that the petitioner, without prejudice to the defence and contention, is ready and willing to deposit a sum of Rs.5,000/- 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.

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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 were found to be in illegal possession of 1.200 kilograms of Ganja. He further submits that eight previous case are pending against the petitioner/A1 herein and the present case is under investigation.

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Considering the voluntary submission made by the learned counsel for the petitioner, the petitioner is directed to deposit a sum of Rs.5,000/(Rupees Five Thousand only) to the credit of "Manasu, Account Number : 024404406764190001, IFSC Code : CSBK0000244, CSB Bank, Pallavaram

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

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Crl.O.P.No.32267 of 2024

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Branch", without prejudice to the right of defence before the trial Court and

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

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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 and considering the period of incarceration undergone by the petitioner, 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 II Judicial Magistrate, Alandur, 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, everyday at 06.30 p.m., until further orders;

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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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https://www.mhc.tn.gov.in/judis 3/4

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Crl.O.P.No.32267 of 2024

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A.D.JAGADISH CHANDIRA.,J.

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ham

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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 269 of B.N.S.

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02.01.2025

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ham To

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The II Judicial Magistrate,

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Alandur.

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The Inspector of Police, Adambakkam Police Station.

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The Superintendent, Central Prison, Puzhal, Chennai.

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The Public Prosecutor, High Court of Madras.

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Crl.O.P.No.32267 of 2024

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

Kannikairaj @ Pali v. the State Rep by

Case brief

What is this about?

What did the court decide?

Kannikairaj @ Pali v. the State Rep by

Case brief

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