Nandha Kumar v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 09.01.2025

CORAM

THE HON'BLE MR. JUSTICE A.D.JAGADISH CHANDIRA Crl.O.P.No's.423,436,432 and 434 of 2025 Nandha Kumar ..Petitioner/A-4 in Crl.O.P.No.423 of 2025 Manoj Kumar ..Petitioner/A-2 in Crl.O.P.No.436 of 2025 Harish ..Petitioner/A-3 in Crl.O.P.No.432 of 2025 Subash ..Petitioner/A-5 in Crl.O.P.No.434 of 2025 Vs.

The State Represented by, The Inspector of Police, H-6 RK Nagar Police Station, Chennai.

(Crime No. 1305 of 2024).

... Respondent PRAYER : Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, pleased to enlarge the petitioner on bail, in connection with Crime No.1305 of 2024, pending investigation on the file of the respondent Police.

For Petitioners :

Mr.P.M.Srinivasan For Respondent :

Mr.Leonard Arul Joseph Selvam Government Advocate (Crl.Side)

O R D E R

Petition seeking bail in respect of Crime No.1305 of 2024 registered for the offences punishable under Sections 8(c), 20(b)(ii)(B), 25 and 29(1) of 1/6

the Narcotic Drugs & Psychotropic Substances Act, 1985, is on board for consideration.

2. The incarceration of the petitioners being from 07.12.2024 pleading innocence on the part of the petitioners and false implication in the case, the learned counsel for the petitioners seek indulgence of this Court. He also submits that the petitioners, without prejudice to the defence and contention, are ready and willing to deposit an amount of Rs.5,000/- each to any welfare scheme of the Government or any other organization. He further submits that the petitioners are ready to abide by any stringent conditions that may be imposed by this court.

3. The case of the prosecution, as putforth by the learned Government Advocate (Criminal Side) appearing for the respondent police, opposing for grant of bail, is that, on 07.12.2024, at about 10.00 hours, based on the secret information, the respondent police went to the scene of occurrence and found that the petitioners along with other accused was found to be in illegal possession of 7.858 Kgs of ganja. He would further submit that the petitioners have one previous case.

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4. Considering the voluntary submission made by the learned counsel for the petitioners, the petitioners are directed to deposit a sum of Rs.5,000/- (Rupees Five Thousand only) each, to the credit of the "Seva Chakkara Samajam (Orphanage), Address- No.89/41, Sami Pillai Street, Choolai, Chennai - 112, Canara Bank, Vepery Branch, A/c.No. 0943101024681, IFSC Code No. CNRB0000943" without prejudice to the right of defence before the Trial Court and making it clear that it would not amount to admission of guilt.

5. Further, having heard the learned counsel for the petitioners, the learned Government Advocate (Criminal Side) for the respondent Police and perused the materials available on record, this court is inclined to grant bail to the petitioners with certain conditions and accordingly, the petitioners are ordered to be released on bail on their executing separate bond each 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 XVI Metropolitan Magistrate Court, Gerorge Town, 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 3/6

pass Book to ensure their identity;

[b] the petitioners shall report before the respondent Police, everyday at 10.30 a.m., until further orders;

[c] the petitioners shall not abscond either during investigation or trial;

[d] the petitioners 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 petitioners in accordance with law as if the conditions have been imposed and the petitioners 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 abscond, a fresh FIR can be registered under Section 269 of B.N.S. 09.01.2025 dsn 4/6

To

1. The learned XVI Metropolitan Magistrate, George Town, Chennai.

2. The Inspector of Police, H-6 RK Nagar Police Station, Chennai.

3. The Superintendent, Central Prison-II, Puzhal.

4. The Public Prosecutor, High Court of Madras.

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A.D.JAGADISH CHANDIRA.,J.

dsn Crl.O.P.No's.423,436,432 and 434 of 2025 09.01.2025 6/6