Narayanan v. The State Rep By, The 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.4127 of 2025 Narayanan S/o. Pazhani ... Petitioner/Accused-1 Vs.

The State represented byThe Inspector of Police, P-4 Basin Bridge Police Station, Chennai.

(Crime No.27 of 2025).

... Respondent PRAYER: Criminal Original Petition filed under Section 483 of BNSS, pleased to enlarge the petitioner on bail, in connection with the Crime No.27 of 2025, pending investigation on the file of the respondent Police. For Petitioner : Mr. P. Muthamizh Selvakumar 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 25.01.2025, seeking bail in Crime 1/5

No.27 of 2025 registered for the offences under Sections 296(b), 132, 109(1), 351(3) and 123 of B.N.S. and Section 20(b)(ii)(A) of the NDPS Act and Section 25(1)(a) of Arms Act.

2. The case of the prosecution is that on secret information, with regard to illegal sale of cannabis near Powder Mills Road near EB office in Pulianthopu, the respondent police went to the spot and found the accused with illegal possession of 320 grams of Ganja.

3. Learned counsel appearing for the petitioner submitted that the petitioner is an innocent; that he has not at all involved in any offence; that he has been falsely implicated in this case; and that he is in judicial custody for more than 20 days and hence prayed for grant of bail.

4. Learned Government Advocate (Crl.Side) appearing for the respondent police, reiterated the prosecution case and submitted that the petitioner has six previous cases and he is on bail in those cases.

5. Heard the learned counsel appearing for the petitioner and the learned 2/5

Government Advocate (Crl.Side) for the respondent Police and perused the materials available on record.

6. Considering the nature of allegations, period of incarceration, the fact that the contraband seized is only small quantity, the petitioner is on bail in all the other previous cases 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.

7. 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 X Metropolitan Magistrate, Egmore, Chennai.

[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, daily at 10.30 a.m., until further orders; [c] the petitioner shall not abscond either during 3/5

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 To

1. The X Metropolitan Magistrate, Egmore, Chennai

2. The Inspector of Police, P-4 Basin Bridge Police Station, Chennai.

3. The Superintendent, Central Prison, Puzhal, Chennai.

4. The Public Prosecutor, High Court of Madras. 4/5

SUNDER MOHAN., J.

mjs Crl.O.P.No.4127 of 2025 18.02.2025 5/5