Ragavendiran v. The State Rep By Sub-Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 17.01.2025

CORAM

THE HON'BLE MR. JUSTICE G.R.SWAMINATHAN

1. Ragavendiran

2. Pandiyaraj

3. Syed Khather @ Kadhar ... Petitioners Vs.

The State represented by, The Sub-Inspector of Police, Kalasapakkam Police Station, Tiruvannamalai District (Crime No.2 of 2025) ... Respondent PRAYER : Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, pleased to enlarge the petitioners on bail, in connection with Crime No.2 of 2025, pending investigation on the file of the respondent Police.

For Petitioners :

Mr.J.Prasanth For Respondent :

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

O R D E R

Heard the learned counsel on both sides.

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2. The petitioners are figured as accused 2 to 4 in Crime No.2 of 2025 on the file of the respondent Police for the offences punishable under Section 123 of BNS r/w Sections 8(c), 20(b)(ii)(A) of Narcotic Drugs and Psychotropic Substances Act, 1985. The petitioners were arrested on 02.01.2025.

3. The accused were found to be in illegal possession of 900 grams of Ganja. Even though, the learned Government Advocate (Criminal Side) informed that the petitioners having two previous cases, taking into account the facts of the case that the contraband seized from the petitioners is small quantity, this Court is inclined to grant bail to the petitioners subject to the following conditions. [a] Accordingly, the petitioners are ordered to be released on bail on condition to execute separate bond each 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, Kalasapakkam, Tiruvannamalai District and on further conditions that;

[b] the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the learned Magistrate may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity;

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[c] the petitioners shall report before the respondent police everyday at 10.00 a.m. until further orders; [d] the petitioners shall not commit any offence similar to the offence of which he is accused, or suspected, or of the commission of which he is suspected;

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

[f] the petitioners shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence;

[g] On breach of any of the aforesaid conditions, the learned Judicial 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].

[h] If the accused thereafter abscond, a fresh FIR can be registered under Section 269 of B.N.S.

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G.R.SWAMINATHAN., J.

ham To

1. The Judicial Magistrate, Kalasapakkam, Tiruvannamalai District.

2. The Sub-Inspector of Police, Kalasapakkam Police Station, Tiruvannamalai District.

3. The Superintendent, Central Prison, Vellore.

4. The Public Prosecutor, High Court of Madras.

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