Gokulraj v. State Rep.By, The Inspector Of Police,
N THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 06.02.2025
CORAM
THE HONOURABLE MR. JUSTICE SUNDER MOHAN Crl.O.P.No.2587 of 2025 Gokulraj ... Petitioner/Accused No.2 Vs.
State Rep. by The Inspector of Police, T-15 Kannagi Nagar Police Station (Crime No. 453 of 2024) ... Respondent/Complainant PRAYER : Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, pleased to enlarge the petitioner on bail in Crime No. 453 of 2024 pending on the file of the respondent police. *** For Petitioner :
Mr. A.Samson For Respondent :
Mr. A.Gopinath Government Advocate (Crl.Side) 1/6
ORDER
Petition seeking bail in respect of Crime No.453 of 2024 registered for the offences punishable under Sections 8(c), 22(b) and 29(1) of NDPS Act, is on board for consideration.
2. The case of the prosecution is that the petitioner was found in possession of 35 numbers of Nitravet tablets and 100 numbers of Tapentadol tablets which is meant for sale.
3. The learned counsel for the petitioner would submit that the allegations against him are false; that since the allegation is that he possessed small quantity, the petitioner, without prejudice to the defence and contention, is ready and willing to deposit a sum of Rs.10,000/- to any welfare scheme of the Government or any other organisation; that in any case, considering the period of incarceration from 24.12.2024, the petitioner may be released on bail.
4. The learned Government Advocate (Criminal Side) appearing for the 2/6
respondent police per contra would submit that 35 numbers of Nitravet tablets and 100 numbers of Tapentadol tablets were seized from the petitioner.
5. Considering the voluntary submission made by the learned counsel for the petitioner, the petitioner is directed to deposit a sum of Rs.10,000/- (Rupees Ten Thousand only), to the credit of "Sevalaya, No.F2, Pushkarani Apartment, 12 Ananda Road, Alwarpet, Chennai -600 018. A/c. No. 218601000134, ICICI Bank, Mylapore Branch, Chennai, IFSC Code: ICIC0002186, Cell No. 9941450444" without prejudice to the right of defence before the Trial Court and make it clear that it would not amount to admission of guilt.
6. Considering the period of incarceration and the further custody is not required for the purpose of investigation, this court is inclined to grant bail to the petitioner with certain conditions and accordingly, the petitioner is ordered to be released on bail on 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 District Munsif cum Judicial Magistrate, Sholinganallur and on further conditions that:
[a] the sureties shall affix their photographs and Left 3/6
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 on 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 269 of B.N.S.
4/6
06.02.2025 vsg To 1.
District Munsif cum Judicial Magistrate Sholinganallur.
2.
The Inspector of Police, T-15 Kannagi Nagar Police Station 3.
Central Prison, Puzhal-II, Chennai 4.
The Public Prosecutor, High Court of Madras.
SUNDER MOHAN ., J.
vsg 5/6
Crl.O.P.No.2587 of 2025 06.02.2025 6/6