High CourtsSingle Bench(2023) 11 MAD CK 0106

Mohamed Ashiq Raja @ Mohamed,Asiq Raja vs Inspector Of Police

Madras High Court · Decided on 8 November 2023

HON’BLE JUDGES
G.Ilangovan, J
RESULT
Allowed
CASE NUMBER
Criminal Original Petition (MD) No. 20039 Of 2023

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Judgment

7 paragraphs · 306 words

G.Ilangovan, J

1.

The petitioner/A4 herein, who was arrested and remanded to judicial custody on 14.10.2023 for the alleged offences under Sections 328 of IPC, Section 18(c) of Drugs and Cosmetics Act and Section 77 of Juvenile Justice(Care and Protection of Children) Act, in Crime No.456 of 2023, on the file of the respondent police, seeks bail.

2.The case of the prosecution is that on on 13.10.2023 at about 04.00 p.m., when the Village Administrative Officer of Elakkudi Village was on raid the public residing in that area informed that the accused persons are distributing drugs tablet through A3 and A4 without any prescription. Hence, the case.

3.The learned counsel for the petitioner submitted that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution. He would further submit that the petitioner is in judicial custody from 14.10.2023 , hence he seeks bail.

4.The learned Additional Public Prosecutor submitted that the accused persons were found in illegal possession of drug tablets and selling to general public, hence he objected to grant bail to the petitioner. He would further submit that no previous case is pending against the petitioner.

5.Considering the fact that no previous case is pending against the petitioner and the petitioner is neither a seller nor a proprietor and also considering the period of incarceration this Court is inclined to grant bail to the petitioner with stringent conditions.

6.Accordingly, this Criminal Original Petition is allowed and the petitioner is ordered to be released on bail, on executing a personal 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 learned Judicial Magistrate No.VI, Trichy and on further condition that the petitioner shall report before the respondent police daily at 10.30 a.m. until further orders.