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Madras High CourtCRL OP/4769/2025granted

J.Jasveer v. State By, The Inspector Of Police

2025-02-24Honourable Mr Justice Sunder Mohan6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 24.02.2025

CORAM

THE HON'BLE MR. JUSTICE SUNDER MOHAN Crl.O.P.No.4769 of 2025 J. Jasveer S/o. Johnson ... Petitioner/Accused Vs.

The State represented byThe Inspector of Police, R9 Valasaravakkam Police Station, Chennai.

(Cr. No.34 of 2025).

... Respondent PRAYER: Criminal Original Petition filed under Section 483 of BNSS, pleased to enlarge the petitioner on bail, in connection with the Cr. No.34 of 2025, pending investigation on the file of the respondent police. For Petitioner : Mr. v. Muthu Pandi For Respondent : Mr. Leonard Arul Joseph Selvam Government Advocate (Criminal 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 23.01.2025, seeking bail in Cr. No.34 of 2025, pending investigation on the file of the respondent police. 1/6

registered for the offences under Sections 8(c), 22(b), 25 and 29(1) of NDPS Act and Section 77 of the Juvenile Justice (Care and Production of Children) Act, 2015.

2. The case of the prosecution is that the accused 1 to 3, on secret information, were found in illegal possession of 10 grams of Ganja and 6 grams of Methamphetamine and their confession revealed that the petitioner herein had supplied contraband to other accused and the petitioner / A5 was in possession of 14 grams of Methamphetamine, 30 grams of Ganja and 6 nos. of Ecstasy tablets.

3. Learned counsel appearing for the petitioner submitted that the petitioner is innocent; that he has not at all involved in any offence as alleged by the prosecution; that he has been falsely implicated in this case; and that he is in judicial custody for a period of one month 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 no previous case and the contraband seized from the petitioner is intermediate quantity.

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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. Considering the nature of allegations, the fact that the contraband seized is intermediate quantity, the petitioner has no previous case, period of incarceration 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 Judicial Magistrate No.I, Poonamallee.

[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;

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[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 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.

24.02.2025 mjs 4/6

To

1. The Judicial Magistrate No.I, Poonamallee.

2. The Inspector of Police, R9 Valasaravakkam Police Station, Chennai.

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

4. The Public Prosecutor, High Court of Madras. 5/6

SUNDER MOHAN., J.

mjs Crl.O.P.No.4769 of 2025 24.02.2025 6/6