High CourtsSingle Bench(2024) 02 MAD CK 0059

Preethi vs State

Madras High Court · Decided on 12 February 2024

HON’BLE JUDGES
C.V.Karthikeyan, J
CASE NUMBER
Criminal Original Petition No. 2011 Of 2024

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Judgment

12 paragraphs · 340 words

C.V.Karthikeyan, J

1.

The petitioner who was arrested and remanded to judicial custody on 30.12.2023 for the offences registered under Sections 8(c) r/w 20(b)(ii)(B), 22(b), 29(1) of NDPS Act, in Crime No.594 of 2023, on the file of the respondent Police, seeks bail.

2.The case of the prosecution is that the petitioner along with two three other accused were found in possession of 2 kgs of Ganja and 400 numbers of Tydol 100 tablets.

3.It is stated by the learned Government Advocate (crl.side) that A1 to A3 are still in custody. The petitioner has no previous against him.

4.Taking into consideration the period of incarceration and also of the fact that the petitioner is a lady and also the quantity of contraband seized, I am inclined to grant bail to the petitioner subject to the following conditions:

5.Accordingly, the petitioner are ordered to be released on bail on condition to execute a separate 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.II, Alandur 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 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.