S.Senthil Kumar v. State By, Inspector Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 18.02.2025
CORAM
THE HON'BLE MR. JUSTICE SUNDER MOHAN Crl.O.P.No.2847 of 2025 S. Senthil Rajkumar S/o. Shankar ... Petitioner/Accused Vs.
The State represented byThe Inspector of Police, M-3 Puzhal Police Station, Puzhal, Chennai-600 066.
(Crime No.954 of 2024).
... Respondent PRAYER: Criminal Original Petition filed under Section 483 of BNSS, pleased to enlarge the petitioner on bail, in connection with the Crime No.954 of 2024, pending investigation on the file of the respondent Police. For Petitioner : Mr. P.R. Dhilip Kumar For Respondent : Mr. Leonard Arul Joseph Selvam Government Advocate (Crl.Side)
O R D E R
This Criminal Original Petition has been filed by the petitioner, who was arrested and remanded to judicial custody on 25.12.2024, seeking bail in Crime No.96 of 2025 registered for the offence under Sections 8(c), 22(b), 25 and 29(1) 1/7
of NDPS Act.
2. The case of the prosecution is that on secret information, the respondent seized 2.25 grams of Methamphetamine from A1; that on his confession, 61.22 grams of Methamphetamine were seized from A8 and that on the confession of the co-accused, the petitioner was arrested and the respondent police seized 2.25 grams of methamphetamine from the petitioner.
3. Learned counsel appearing for the petitioner submitted that petitioner is nothing to do with the other accused; that in any case, he is sought to be implicated only based on the confession of the co-accused; that he has no previous cases; that he is working in a private company; that similarly placed other accused were granted bail vide orders passed in Crl. O.P. No.287 of 2025, Crl. O.P. No.481 of 2025, Crl. O.P. No.607 of 2025, Crl. O.P. No.838 of 2025 and Crl. O.P. No.1601 of 2025.
4. Learned Government Advocate (Crl.Side) appearing for the respondent police, reiterated the prosecution case and submitted that similarly placed accused persons were granted bail by this Court and the respondent police seized 2.25 grams of Methamphetamine from the petitioner, which is a small quantity. 2/7
5. Heard the learned counsel appearing for the petitioner and the learned Government Advocate (Crl.Side) for the respondent Police and perused the materials available on record.
6. Admittedly, the petitioner is sought to be implicated in the offence of conspiracy on the confession of co-accused. The petitioner has no previous cases and the quantity of contraband seized from the petitioner is 2.25 grams, which is a small quantity. Therefore, this Court is of the view that the petitioner has satisfied the requirement of twin conditions under Section 37 of NDPS Act. Further, the similarly placed co-accused were granted bail by this Court vide orders passed in Crl. O.P. No.287 of 2025, Crl. O.P. No.481 of 2025, Crl. O.P. No.607 of 2025, Crl. O.P. No.838 of 2025 and Crl. O.P. No.1601 of 2025.
7. At this juncture, the learned counsel appearing for the petitioner however, submitted that the petitioner is ready to deposit a sum of Rs.10,000/- in any welfare organization.
8. Considering the voluntary submission made by the learned counsel for 3/7
the petitioner, the petitioner is directed to deposit a sum of Rs.10,000/- (Rupees Ten Thousand only), to the credit of "District Legal Services Authority, Chennai District", without prejudice to the right of defence before the Trial Court and making it clear that it would not amount to admission of guilt.
9. Considering the nature of allegations, period of incarceration, the fact that there is no previous case pending against the petitioner, the quantity of contraband seized from the petitioner is only a small quantity, the petitioner has satisfied the conditions required under Section 37 of NDPS Act 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.
10. 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 Principal Special Court under EC & NDPS Act, Chennai.
[a] the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the Magistrate may 4/7
obtain a copy of their Aadhar card or Bank pass Book to ensure their identity;
[b] the petitioner shall report before the respondent Police, weekly once i.e., on every Saturday 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 B.N.S.
18.02.2025 mjs 5/7
To
1. The Principal Special Court under EC & NDPS Act, Chennai.
2. The District Legal Services Authority, Chennai District.
3. The Inspector of Police, M-3 Puzhal Police Station, Puzhal, Chennai-600 066.
4. The Superintendent, Central Prison, Puzhal, Chennai.
5. The Public Prosecutor, High Court of Madras. 6/7
SUNDER MOHAN., J.
mjs Crl.O.P.No.2847 of 2025 18.02.2025 7/7