High CourtsSingle Bench(2023) 11 MAD CK 0152

Madhesh S/O. Ganapathy vs State

Madras High Court · Decided on 22 November 2023

HON’BLE JUDGES
C.V.Karthikeyan, J
CASE NUMBER
Criminal Original Petition No. 26536 Of 2023

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Judgment

11 paragraphs · 306 words

C.V.Karthikeyan, J

1.

The petitioner seeks bail in Crime No.187 of 2023, registered by the respondent police for the offences punishable under Sections 8(c) & 22(B)IIA of NDPS Act. The petitioner had been remanded to judicial custody on 11.10.2023.

2.The petitioner was found in possession of 100 grams of ganja. It is the case of the respondent that the said contraband was available in small packets. But however, there is no previous case pending against the petitioner herein.

3.Taking all the facts into consideration and that the period of incarceration, I am inclined to grant bail to the petitioner subject to the following conditions:

4.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, each for a like sum to the satisfaction of the Judicial Magistrate No.I, Puducherry District, and on further conditions that :-

[a] the sureties shall affix his photographs and Left Thumb Impression in the surety bond and the Magistrate may obtain a copy of his Aadhar card or Bank pass Book to ensure his identity.

[b] the petitioner shall report before the respondent police everyday at 10.30 a.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 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 229A IPC.