Sudhagaran gets bail in heroin cases

By A. Subramani

CHENNAI, AUG. 20. Mr. V. N. Sudhagaran, in custody since June 13 and also facing four cases, including two under the Narcotic Drugs and Psychotropic Substances Act 1985, was granted conditional bail in both the NDPS cases today.

In his order, the Special Judge, Mr. Tamilvanan, pointed out violations of the provisions of Section 42(1) and (2) of the NDPS Act. The empowered officer, who said 16 grams of heroin was found in Mr. Sudhagaran's house on the information of Mr. Gopu Sridhar, failed to take it down in writing as required under Section 42(1).

He also failed to forward a copy of the information to his immediate superior official as per Section 42(2), hence the prosecution version was not maintainable.

In the `72-gram heroin case', the judge said except a confessional statement by a co-accused (Mr. Bhasgeeran) no material was recovered either from the residence or the person of Mr. Sudhagaran.

While in the first case he was accused of illegally possessing 16 gm of heroin, in the second one he was charged with entrusting the possession of 72 gm of heroin to his associate, Mr. Muyeenudein.

Mr. Sudagaran is facing two more cases - one for attempting to murder his estranged associate, Mr. Gopu Sridhar, and the other in connection with the `wealth case', in which the Chief Minister, Mr. Jayalalithaa, is the prime accused.

Granting bail, the Special Judge, Mr. Tamilvanan, directed Mr. Sudhagaran to execute a bond for Rs. 50,000 besides furnishing two sureties for a similar amount in each case. He was asked to sign daily at 10.30 a.m. at the XVII Metropolitan Magistrate Court, Saidapet here, till further orders.

Mr. Sudhagaran was directed not to go out of Chennai without court permission, and was also cautioned against any attempt to tamper with the evidence or witnesses. He should make himself available for interrogation as and when required by the police.

Earlier, Mr. K. Ashokan, counsel for Mr. Sudhagaran, said the contents of the FIR made clear that it was an ``informative search'' on June 13, and the mandatory provisions of Sections 42(1) and (2) had not been complied with by the police officials. He, along with the other counsel, Mr. Saravana Kumar, argued that there was no legal material available on record to prosecute Mr. Sudhagaran under the NDPSA.

The Special Public Prosecutor's opposition to bail on the grounds that investigation was yet to be completed did not find favour with the judge, who observed that there was ``total non- compliance'' with the provisions of the NDPSA.

Mr. Muyeenudein, who was also granted bail with similar conditions, was asked to appear before the XXIII Metropolitan Magistrate daily and sign at 10.30 a.m.

Another petition rejected

Mr. Tamilvanan, however, rejected another petition from Mr. Sudhagaran seeking a direction to four private channels - Sun TV, Sun News, Raj TV and Raj Digital Plus - to produce their video news clippings of his arrest. At the stage of granting bail, such a plea could not be entertained, Mr. Tamilvanan noted after dismissing the petition.

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Section  : Southern States
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