Vijaya Kumar v. The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 09-01-2026

CORAM

THE HONOURABLE MR.JUSTICE K.RAJASEKAR Vijaya kumar Petitioner(s) Vs The Inspector of Police K-10, Koyambedu Police Station, Chennai Crime No.535 of 2025 Respondent(s) PRAYER Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, to petitioner on bail in Crime No.535 of 2025 on the file of the respondent and thus render justice. For Petitioner :

Mr.S.Senthil Kumar For Respondent(s):

Mr.A.Gopinath Government Advocate (Crl. Side)

ORDER

Petition seeking bail in respect of Crime No.535 of 2025 registered for the alleged offences punishable under Sections 8(c), 20(b)(ii)(B) of NDPS Act, 1985, on the file of the respondent police.

2.

The case of the prosecution is that based on a secret information,

the respondent police went to the spot and found that the other accused persons were in illegal possession of 1.350 kilograms of ganja; that upon investigation, it is revealed that the petitioner was also involved in the aforesaid offence. Hence, this case.

3.

The learned counsel appearing for the petitioner submitted that the petitioner is innocent, he has been falsely implicated in this case and he has not committed any offence as alleged by the prosecution; that the petitioner has been arrested and remanded to judicial custody on 29.11.2025; and that the petitioner is ready to abide by any stringent conditions that may be imposed by this Court and ready to co-operate for the investigation and prayed for bail to the petitioner.

4.

The learned Government Advocate (Crl. Side) appearing for the respondent reiterated the prosecution case and on instruction submitted that the total contraband involved in this case is of intermediate quantity; that the petitioner has three previous cases, out of which 1 case is similar in nature, involving intermediate quantity; and that the investigation is pending, hence opposed the grant of bail to the petitioner.

5.

Taking into consideration the facts and circumstances of the case,

considering the nature of allegation against the petitioner, the submissions made by the learned counsels on either side, the fact that the petitioner is on bail in all the other cases, the contraband seized from the co-accused is of intermediate quantity, the period of incarceration undergone by the petitioner and since further custody of the petitioner is not required for the purpose of investigation, this Court is inclined to grant bail to the petitioner with certain conditions. 6.

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 V Metropolitan Magistrate, Egmore 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., for a period of two weeks and thereafter as and when required for interrogation; [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 269 of B.N.S.

09-01-2026 gbi Index:Yes/No Speaking/Non-speaking order Internet:Yes Note :

1. Registry is directed to forthwith upload this order in the Official Website of this Court.

2. All concerned to act on this order being uploaded in Official Website of this Court without insisting on certified hard copies. To be noted, this order when uploaded in the official website of this Court will be watermarked and will also have a QR code.

To 1.The Inspector of Police K-10, Koyambedu Police Station, Chennai Crime No.535 of 2025 2.The V Metropolitan Magistrate, Egmore.

3.The Central Prison No.-II, Puzhal, Chennai.

4.The Public Prosecutor, High Court of Madras.

K.RAJASEKAR J.

gbi 09-01-2026